GOVERNMENT OF UNION TERRITORY OF PONDICHERRY versus MOHAMMED HUSSAIN (DEAD) BY L.RS.

Citation: [1994] SUPP. 1 S.C.R. 282 · Decided: 30-06-1994 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
GOVERNMENT OF UNION TERRITORY OF PONDICHERRY 
v. 
MOHAMMED HUSSAIN (DEAD) BY L.Rs. 
JUNE 30, 1994 
B 
[M.M. PUNCHHI, S.C. AGRAWAL AND B.P. JEEVAN REDDY, JJ.J 
Pondicherry Land Refonns (Fixation of Ceiling on Land) Act, 1973 : 
Sections 4, 6, and 9(2)(a}-Land holdings-Ceiling aret>-Detennination 
of-Appointed day-Significance of-Change in family on account of minor 
C son attaining majority or an unmarried daughter getting married after ap-
pointed day-Held not to be taken into account while calculating ceiling area. 
Constitution of India, I950: Article 39-Material resources of common 
good-Land-Equitable distribution of-Legislation for--f'ondicherry Land 
Refonns (Fixation of ceiling on Land Holdings) Act, 1973--fleld, a piece of 
D legislation enacted to achieve more equitable distribution of land for common 
good. 
E 
F 
Interpretation of Statutes: Social Legislatio,,......P,.ovisionr-lnterpreta-
tion of-To be interpreted to further object of the Act. 
In the draft statement published under section 8 of the Pondicherry 
Land Reforms (Fixation of Ceiling on Land) Act, 1973, land admeasuring 
18.10.08 standard hectares belonging to the family of the respondent was 
shown in excess of the ceiling area as on the appointed day. The respondent 
(in C.A. No.135of1979) filed an objection that the shares of his two minor 
sons who became major in between the appointed day and the notified date, 
should be excluded from the holding of the family. The authorised officer 
rejected the objection. Respondent's appeal was allowed by the Land 
Tribunal. The revision petition filed by the Government of the Union 
Territory was rejected by the High Court. Aggrieved, the Government filed 
G the appeal by special leave. The other two appeals were also filed in similar 
circumstances. 
It was contended on behalf of the appellants that in view of the 
provisions contained in Sections 6 and 7(1) of the Act the surplus land 
would be determined with reference to the appointed day only and any 
H change in the family subsequent to the appointed day would not have any 
282 
• 
U.T. PONDICHERRYv. MOHD. HUSSAIN 
283 
effect on the ceiling area to be retained by the members of the family. 
A 
Allowing the appeals, this Court 
HELD : 1.1. Any change in the family· on account of a minor son 
attaining majority or an unmarried daughter getting married after the 
appointed day is not required to be taken into account while calculating B 
the Ceiling area of the family under the provisions of the Pondicherry Land 
Reforms (Fixation of Ceiling on Land) Act, 1973. There is no provision in 
the Act which provides for recalculation of the ceiling area as a result of 
such a change taking place in the family after the appointed day. [292-H,C] 
1.2. Section 9(2) (a) of the Act which deals with changes in the family 
on account of death of a member of the family after the appointed day but 
before the notified date, cannot be construed to cover a change in the family 
c 
on account of a minor son attaining majority or an unmarried daughter 
getting married after the appointed day but before the notified date. 
Moreover the object underlying Section 9(2)(a) is to further reduce the D 
ceiling area by taking into account a. change taking place between· the 
appointed day and the notified date on account of death of a member of a 
family. The said provision cannot be invoked so as to enlarge the ceiling 
area by taking into account a change in the family as a result of a minor son 
attaining majority or an unmarried daughter getting married. [292-D-E] 
E 
1.3. The High Court was in error in not attaching sufficient impor-
tance to the expression "appointed day" in the matter of calculation of the 
ceiling area and determination of the surplus land. It has to be borne in 
mind that even though the Act came into force on October 5, 1973, the 
appointed day is january 24, 1971, a date much anterior to the date of F 
coming into force of the Act. The significance of the appointed day in the 
matter of calculation of ceiling area and determination of surplus land is 
evident from the provisions for prohibiting a person from holding land in 
excess of the ceiling area on and from the appointed day, requiring a 
person holding land in excess of ceiling area on the appointed day to tile G 
a return, and excluding land transferred by sale, gift etc. by a person after 
the appointed day but before the commencement of the Act, as contained 
in ss.6, 7(1) and 4(4) o
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