Ramendra Singh Vs. State of Madhya
Pradesh & Ors [1984] INSC 15 (23 January 1984)
VENKATARAMIAH, E.S. (J) VENKATARAMIAH, E.S.
(J) THAKKAR, M.P. (J)
CITATION: 1984 AIR 515 1984 SCC (1) 751 1984
SCALE (1)140
ACT:
Madhya Pradesh Ceiling on Agricultural Holdings,
Act, 1960 (Act No. 20 of 1960), Section 6 and read with Section 2(gg),
construction of-whether, in view of the wording in section 6 (ii) viz
"each member of the family, including a minor son would become a holder
entitled to a separate unit of the ceiling area", the minor son will be
entitled to claim a separate ceiling area independently.
HEADNOTE:
Dismissing the Special Leave Petition, the
Court,
HELD: Section 6(ii) of the M. P. Ceiling on
Agricultural Holdings Act, 1960 does not have any effect on the ceiling area to
which a family as defined in Section 2 (gg) is entitled under Section 7. A
minor son who is deemed to be entitled to an area of Joint Family land
proportionate to his share under s. 6 (ii) is not entitled to a separate
ceiling area independently. His share of land can be clubbed with the land
which can be claimed by his father as his ceiling area. [452D;B] Begulla Bapi
Raju etc. v. State of A. P. (1983) 2 Scale 141 followed.
Sarjubai & Ors. v. State of M. P. &
Ors. (Misc. Petition No. 811 of 197 of M. P. High Court) approved.
CIVIL APPELLATE JURISDICTION : Petition for
Special Leave to Appeal (Civil) No. 14604 of 1983.
From the Judgment and Order dated the 2nd
September.
1983 of the Madhya Pradesh High Court (Indore
Bench) in Civil Miscellaneous Petition No. 193 of 1978.
G.L. Sanghi, S.K Gambhir and Ashok Mahajan
for the Petitioner.
Ravindra Bana and A.K Sanghi for the
Respondent.
The Order of the Court was delivered by
VENKATARAMIAH, J. The contention of the petitioner in the above case is that on
a true construction of section 6 read with section 2(gg) of the Madhya Pradesh
Ceiling on Agricultural Holdings Act, 452 1960 (Act No. 20 of 1960)
(hereinafter referred to as 'the Act') each member of the family, including a
minor son would become a holder entitled to a separate unit of the ceiling
area., In other words, it is argued that a minor son who is deemed to be
entitled to an area of joint family land proportionate to his share under
section 6(ii) of the Act is entitled to claim a separate ceiling area
independently. It is contended that his share of land cannot be clubbed with
the land which can be claimed by his father as his ceiling area, We have heard
Shri G.L. Sanghi, learned counsel for the petitioner. He has taken us through
the relevant provisions of the Act viz. section 2 (gg), section 6 and section 7
of the Act. The High Court has negatived the above contention of the petitioner
relying upon its earlier decision in Sarjubai & Ors. v. State of Madhya
Pradesh & Ors. (Misc. Petition No, 811 of 1979). We have gone through that
decision, on going through the said decision, we find that it is correctly
decided, We agree with the reasons given in support of the said decision, It is
in conformity with the view expressed by this Court in Begulla Bapi Raju etc.
v. State of Andhra Pradesh.
Section 6(ii) of the Act does not have any
effect on the ceiling area to which a family as defined in section 2(gg) is
entitled under section 7.
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