LexKAPPUSWAMY versus THE AUTHORISED OFFICER AND ASSISTANT COMMISIONER (LAND REFORMS)
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'
KUPPUSAMY
v.
THE AUTHORISED OFFICER AND ASSISTANT
COMMISIONER (LAND REFORMS)
JULY 23, 1996
IJ.S. VERMA AND K. VENKATASWAMI, JJ.J
Hindu Succession Act, 1956 :
A
B
S.14( 1)-Will-Creating life interest in favour of two wives of deceased
C
testatm-Stipulating that if any one pre-deceased, the swviving would enjoy
the entirety-Held, mi coming into force of the Act both widows became
absolute owners of their respective shares--They succeeded to propelties as
conunon owners and not joint Olvners-On the death of one of the111, her
share would go to her children-Tamil Nadu Land Refonns (Reduction of
ceiling 011 Land) Act, 1970 : s.3(33).
D
'G', the maternal grandfather of the appellant died in 1949 leaving
behind a registered will dated 16.12.1948 to the effect that the properties
set out therein would he enjoyed by his two wives ('W-1 and W-2') in equal
shares during their life tirrie and, if any one of them pre-deceased, the E
survivor would enjoy the entirety; that after the death of both 'W-1 and
W-2', 'K' the daughter from 'W-2' would enjoy for her life time and after
her death, her children would enjoy the properties absolutely.
'W-2' died in 1967. On coming into force of the Tamil Nadu Lanl
Reforms (Reduction of Ceiling on Land) Act, 1970, the authorities under F
the act, assuming that on the death of 'W-2' 'W-1' succeeded to the entire
estate by survivorship and became ''nmer' thereof as provided under
s.3(33) of the Act, declared some of the land as surplus. The appellant, son
of 'K', challenged the order before the High Court in a writ petition, which
was transferred to the Special Appellate Tribunal. The Special Tribunal G
upheld the decision of the authorities under the Act. Aggrieved, the appel-
lant filed the present appeal.
It was contended for the appellant that after coming into force of the
Hindu Succession Act, 1956, in view of s.14(1) thereof, both the widows of
'G' became absolute O\\'Ilers of the properties given to them under the will H
837
838
SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
A in equal shares and when 'W-2' died iu 1967 her undivided half share would
go to her children and 'W-1' would succeed only to t11e other half of the
undivided share and, as such, there would be no surplus land with 'W-1'.
The respondent-State contended that in the facts of the case s.14(2) of
Hindu Succession Act would apply anti not s.14(1).
B
Allowing the appeal, this Court
HELD : 1. From the terms of the will it is clear that on the death of
the testator, the 11idows shall succeed to the estate in equal shares for
enjoyment of the same which means that they succeed to the properties as
C common owners and not as joint o\lners. After the cooling into force of the
Hindu Succession Act, in the light of section 14(1), each 11idow being in
possession of the undivided half share, their respective share enlarges into
absolute one and they \\'ill be absolute O\VI1ers of their respective half share
in the undivided estate left by the testator. As such, on coming into force
of the Ceiling Act on 15.2.1970 'W-1' was not in possession of any excess
D land; therefore, the surplus declared on the assumption that she possessed
of properties in excess of ceiling lin1it cannot be sustained. On the facts,
there is nothing to show that Section 14(2) of the Hindu Succession Act is
attracted. [841-A-D]
E
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10310 of
1995.
F
From the Judgment and Order dated 28.3.95 of the Tamil Nadu Land
Reforms Special Appellate Tribunal, Madras in T.R.P. No. 17 of 1994.
S. Sivasubramanian and V.G. Pragasam for the Appellants.
V. Krishnamurthy for the Respondent.
The Judgment of the Court was delivered by
G
K. VENKATASWAMI, J. This appeal by special leave is preferred
against the order of the Tamil Nadu Land Reforms Special Appellate
Tribunal, Madras in T.R.P. No. 17 of 1994 dated 28th March, 1995.
One Sellappa Gounder died in the year 1949 leaving behind two
wives, Nallammal and Periammal and also a registered will dated 16.2.1948.
H The said Sellappa Gounder had a daughter through Periammal by name
-
..
KUPPUSAMY ,_ AUTilORISED OFFICER AND A5'TI. COMMR. JK VEN KA TASW AMI, l. J839
Kuppammal. The appellant is the son of said Kuppamal. As per the terms A
of the will, the properties set out thereunder will have to be e11joyed by the
widows in equal shares during their lifetime and if any one of them
pre-deceased, the survivor wExcerpt shown. Read the full judgment & AI analysis in Lexace.