V.S. GOVINDASAMY (DECEASED) REP. BY LRS. AND ORS. versus THE DIRECTOR OF LAND REFORMS, MADRAS AND ORS.

Citation: [1998] 1 S.C.R. 859 · Decided: 12-02-1998 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

V.S. GOVINDASAMY (DECEASED) REP. BY LRS. AND ORS. 
A 
v. 
_,,,,( 
THE DIRECTOR OF LAND REFORMS, MADRAS AND ORS. 
FEBRUARY 12, 1998 
[M.M. PUNCHHI C.H., K.T. THOMAS AND M. SRINIVASAN, JJ.) 
B 
r 
Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act, 1961-
S.3 (14)-Family-Section 3(34)-Person-Meaning of-S.5(1)-Scope of-
Lands gifted to unmarried daughter between the date of commencement of the c 
Act, viz. 15.2.1970 and the date of notification viz. 2.10.1970 by her grand 
father-Held : Not to be included in calculating the holding of the father's 
family under the Act. 
Ss.22 and 21A-Scope of-Parent of grand parent voluntarily 
' 
transferring fand on account ofnatural love and affection to any minor son, D 
-<.. 
unmarried daughter, minor grandson or unmarried grand daughter between 
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the date of commencement of the Act viz. 15. 2.1970 and the date of notification 
viz. 2.10.1970-Held: valid. 
Words & Phrases-Family-lvfeaning of in the context of Tamil Nadu 
Land Reforms (Fixation uf Ceiling on land) Act, 1961. 
E 
The date of commencement of the Tamil Nadu Land Reforms (Fixation 
of Ceiling on Land) Act, 1961 according to S.3 (11) of the Act was 15th 
February, 1970 and the notified date under S.3 (31) was 2.10.1970. Father 
of the appellant had executed deeds of settlement between 15.2.1970 and 
2.10.1970 gifting an extent of 17.615 standard acres ofland to the unmarried F 
r-
daughter of the appellant under three documents. Authorities under the Act 
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while calculating the ceiling area of appellant's family included the lands 
gifted to the daughter of the appellant by the father of the appellant. An order 
was passed by the Assistant Commissioner (Land Reforms) holding that the 
family of the appellant consisting of the appellant, his wife and unmarried G 
daughter had a surplus of 18.178 standard acres and directed the appellant 
.,-J--
to declare the same The appellant ftled an appeal in the Land Tribunal which 
confirmed the order of the Assistant Commissioner in so far as it related 
to the property of the appellant's daughter. The appellant preferred a Revision 
before the Land Reforms Special Appellate Tribunal and it was dismissed on 
the ground that the question stood concluded by a Judgment of this Court H 
859 
860 
SUPREME COURT REPORTS 
[1998] l S.C.R. 
A in Civil Appeal No. 4419of1989 dated 27.10.1993. Again~1 the Order of the 
Land Reforms Special Appellate Tribunal, the appellant has filed the present 
appeal. 
The contention of the respondent was that clause (a) (i) of Explanation 
II to S.3(14) which defines 'Family' would be a1>1>licable for determining the 
B ceiling area of a person as S. (34) which defines 'person' includes any family 
among others, only if there is transfer by that' person in favour of his/her 
unmarried daughters or unmarried grand daughters. 
Allowing the Appeal, this Court 
C 
HELD: 1. 
An exception to Section 22 of the Tamil Nadu Land 
Reforms (Fixation of Ceiling on land) Act, 1961 is carved out in Section 21A 
which ,-Vas inserted by the Amending Act 17 of 1970. Under clause (b) of that 
section where any parent or grand parent has voluntarily transferred any 
land on· account of natural love and affection to any minor son, unmarried 
D daughter, minor grandson or unmarried grand daughter in the male line 
after the. 15th day of February 1970, but before the 2nd day of October 1970, 
• 
such transfer shall be valid. Thus, the transfer by the appellant's father in 
favour of the appellant's daughter in the male line is valid. (862-H; 863-A] 
2. Clause (a) of Explanation-II to S.3 (14) refers to unmarried daughters 
E and unmarried grand daughters. They shall not be included in the family if 
in their. favour any land has been voluntarily transferred by either of their 
parents or grand parents on account of natural love and affection. The 
Language of the clause is very piain and the purpose of such exclusion is 
also very clear. The Legislature did not want to club the properties of a 
daughter which she has obtained absolutely by way of gift from her parents 
F or grand parents with the other properties of the person whose ceiling area 
is determined. If such clubbing is permitted, the father of the unmarried · 
daughter would conveniently declare the land exclusively gifted to her by her 
grand father as surplus area and thus deprive her of the property given to 
her by her grand father. (863-C-F] 
G 
C.S. Sampath & Ors. v. The Authorised Officer, Land Refor
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