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Kattitevalappil Pathomma v. Taluk Land Board

Supreme Court of India · 19 February 1997 · [1997] 2 S.C.R. 175

Court
Supreme Court of India
Decided
19 February 1997
Case no.
C.A. No. 12058 of 1996
Reported as
[1997] 2 S.C.R. 175
Result
Dismissed
Bench
K.S. Paripoornan, S.P. Kurdukar
Length
7 pages
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PETITIONER:
KATTITE VALAPPIL PATHUMMA & ORS.
Vs.
RESPONDENT:
THE TALUK LAND BOARD & ORS.
DATE OF JUDGMENT: 19/02/1997
BENCH:
K.S. PARIPOORNAN, S.P. KURDUKAR

ACT

HEADNOTE

JUDGMENT

JUDGMENT

Paripoornan, J.

This appeal by special leave is filed against the judgment of vision Bench of he Kerala High Court, rendered in C.R.P. No. 1894 of 1988 dated 18.7.1994. The appellants are the legal representatives of T. Mammad, the ’declarant’ under the Kerala Land Reforms Act, 1963 (hereinafter referred to as ’the Act’). The declarant had three wives. He filed a declaration regarding the land held and possessed by him before the Taluk Land Board, Taliparamba (hereinafter referred to as ’the Board’). In his statement, he had opted his wife Pathu (first wife) and here minor children as his "statutory family" by exercising the option specified in explanation I to section 82 of the Act. The Board, by order dated 28.8.1986 directed the declarant to surrender 190.54 acres of land held by him excess of the ceiling area. In revision, C.R.P. No. 2131 of 1986 the High Court set aside the order of the Board and ordered a remit. Thereafter the Board by order dated 28.6.1988 passed a fresh order determining 97.16 acres as surplus land and, therefore, the declarant was directed to surrender the remaining area. The order so passed by the Board was assailed in revision before the High Court of Kerala in CRP No. 1894 of 1988. The declarant and after his demise his legal representatives contended that the declarant having three wives and ten children in the three wife and her children shall be deemed to be a separate family under explanation I to section 82 of the Act and, therefore, the ceiling area in respect o each family has to be deducted from the total holding of the declarant. This plea was repelled by the High Court. The High Court held thus:-

"The properties of the husband, the

wife named by him and their

unmarried minor children will be

taken into account for the purpose

of determining the ceiling area as

if they constitute one family.

Regarding the other family

constituted by the other wife and

her unmarried minor children, the

ceiling provisions are to be

enforced as if they constituted a

separate family and their

properties alone will be taken into

account for that purpose. In other

word, the properties of the husband

will not be taken into account for

the purpose of fixing the ceiling

area of the family constituted by

that wife and her children. This

position has been made clear by the

explanation, the intention of which

was to confine the family to the

husband and one of the wives and

their unmarried minor children for

the purpose of the ceiling

provisions of the Act.

(Emphasis supplied)

The High Court observed further :-

" When the husband and one of the

wives and their children constitute

one family the ceiling area has to

be determined on the basis of the

properties possessed or owned by

them and not by the other wife or

wives as the case may be. The

properties possessed or owned by

the other wife or wives are not

taken into account for the purpose

of determining the ceiling area of

the family constituted by the

husband, the wife named by him and

their children."

(emphasis supplied)

It was noticed by the High Court that the order passed by the court in CRP No. 1891 of 1988 to exclude an extent of 15 acres was not given effect to by the Board. So, an extent of 15 acres directed to be deleted by the order in CRP No. 1891 of 1988 was directed to be excluded from the properties mentioned in part D of the order showing the lands to be surrendered. The revision filed by the declarant was allowed in part. Since the declarant is no more the legal representatives have come up in appeal against the said order passed in revision by the High Court dated 18.7.1994 modifying the order of the Board. 2. We heard counsel. The submission made before High Court was repeated before us. Counsel contended that the declarant having three wives and ten children by the said three wives each wife and the children by her shall be deemed to be separate family under the explanation i to section 82 of the Act, and, therefore, the ceiling area in respect of each family has to be deducted from the total holdings of the declarant. It was argued that the other wives and their minor children shall be deemed to be separate families and so the ceiling area in respect of each such family has to be deducted from the total holdings of the declarant so that the other two wives and their minor children shall not be deprived of their legitimate right to get a larger area. On the other hand, counsel for the respondent-State submitted that on a fair and proper reading of section 82 along with the explanations, it will be evident that when a declarant husband has plurality of wives and children, by exercise of the option under explanation I, the husband can be a member of only one such family and not of all the families simultaneously and only the lands owned by the husband and the family so chosen by him will be taken into account for calculating the ceiling area of a family. It was argued, that the lands owned of possessed by the other wives and members of their families will not be taken into account for the purpose of fixing the ceiling area in respect of the family constituted by the husband, one o his wives and unmarried minor children in that wife, which constitute the statutory family for the purpose of computing the ceiling area. section 82 was understood and interpreted in the light by the High court of Kerala ever since the Act came into force and the High Court in the impugned judgment has only given effect to the said legal position. A different view is not warranted specially at this state when the law laid down by the High Court and followed in the impugned judgment has held the field for more than two decades. 3. On hearing the rival pleas, we are of the view that the judgment of the High Court does not call for any interference. 4. Section 2(14) of the Act defines ’family’. It States:-

" "Family" means husband, wife and

their unmarried minor children or

such of them as exist."

Section 82 of the Act along with explanation is as follow:-

"82. Ceiling area -(1) The ceiling

area of land shall be,-

(a) In the case of an adult

unmarried person or a family

consisting or a sole surviving

member, five standard acres, so

however that the ceiling area shall

not be less that six and more than

seven and a half acres in extent:

(b) In the case of family

consisting of two or more, but not

more than five members, ten

standard acres, so however that the

ceiling area shall not be less than

twelve and more than fifteen acres

in extent;

(c) In the case of a family

consisting of more than five

members, ten standard acres

increased by one standard acre for

each member in excess of five, so

however that the ceiling area shall

bot be less that twelve and more

than twenty acres in extent; and

(d) In the case of any other

person, other than a joint family,

ten standard acres so however that

the ceiling area shall not be less

than twelve and more that fifteen

acres in extent.

(2) For the purposes of this

Chapter, all the lands owned or

held individually by the members of

a family or jointly by some or all

of the members of such family shall

be deemed to be owned or held by

the family.

(3) In Calculating the extent of

land owned or held by family or an

adult unmarried person, the shares

of the members of the family or the

adult unmarried person, as the case

may be, in the lands owned or held-

(a) by one or more of such members

jointly with any person or persons

other than a member or members of

such family or by such adult

unmarried person jointly with any

other person or persons; or

(b) by a co-operative society or a

joint family, shall be taken into

account.

Explanation - For the purposes of

this sub-section, the share of a

member of a family or an adult

unmarried person in the land owned

or held jointly or by a co-

operative society or a joint family

shall be deemed to be the extent of

land which would be allowed to

such member or person had such

lands been divided or partitioned,

as the case may be, on the date

notified under section 83.

(4) Where, after the commencement

of this act, any class of land

specified in Schedule II has been

converted into any other class of

land specified in that Schedule or

into a plantation, the extent of

land liable to a surrendered by a

person owning or holding such land

shall be determined without taking

into consideration such conversion.

(5) The land owned or held by a

private trust or a private

institution shall be deemed to be

lands owned or held by the person

creating the trust or establishing

the institution, or, if he is not

alive, by his successors-in-

interest.

(6) In computing the ceiling area,

lands exempted under section 81

shall be excluded.

Explanation I - For the purposes of

this section, where a person has

tow or more legally wedded wives

living, the husband, one of the

wives named by him for the purpose

and their unmarried minor children

shall be deemed to be one family

and the other wife or each of the

other wives and her unmarried minor

children shall be deemed to be a

separate family.

Explanation II - For the purposes

of this section, and adult

unmarried person shall include a

divorced husband or divorced wife

who has not remarried:

Provided that if such divorced

husband or divorced wife is the

guardian of any unmarried minor

child, he or she together with such

unmarried child shall be deemed to

be family."

(emphasis supplied) 5. Section 82 of the Act came up for consideration before a Division Bench of the High Court of Kerala in Kesava Menon vs. State of Kerala and another (1976 KLT 408). The facts of the case, the plea put forward and the decision are neatly stated in paragraphs 1 to 3 of the judgment thus:-

"One Kesawa Menon who has two wives

owns extensive lands. While he has

no issue through his first wife he

has issues through the second put

their number is not more than four.

In the statement he filed under

section 85(2) of he Act regarding

excess land he treated his two

wives as members of two different

families and named the first wife

as a member of his family. The

Taluk Land Board treated his first

wife as a member of his family and

fixed the ceiling area of his lands

accordingly as for one family,

namely 14.91 acres, and directed

him to surrender the excess portion

of 67.44 acres. It is the

correctness of the order that is

challenged in these revision

petitions, one of which is filed by

Kesava Menon and his two wives and

the other by the heirs of a

transferee of some of his lands.

xxxx xxx xxxx

The Contention of the petitioners

in these tow Revision Petitions is

that if a person who owns lands has

tow wives and they have not lands,

as regards his lands the ceiling

limit is that for two families and

that is justified by Explanation I"

(emphasis supplied)

Delivering the judgment on behalf of the Bench Narayana Pillay, J. Stated the Law thus:-

"If a person has tow wives,

including them and his children

through them, as a matter of fact

in the ordinary sense there is only

one family. But Explanation I has

introduced a fiction by which he is

allowed to treat the two wives with

their children as constituting tow

separate families. Along with the

granting of that privilege a

restriction is also placed by the

Explanation. The restriction is

that he can be a member of only one

of such families to be chosen by

him and not of both the families

simultaneously. That the husband

can be a member of only one of the

families is an integral part of the

Explanation. While cub section (1)

has fixed the ceiling area

subsection (2) has prescribed the

lands to be taken into account in

calculating the ceiling area of a

family. Sub Section (2) says that

in calculating the lands owned by a

family those owned individually and

jointly by the members of that

family should be taken into account

and Explanation I is a explanation

to the entire section including sub

Section (2). The result is that

although nationally the second wife

of Kesava Menon and her issues

constitute a separate family, as he

is not a member of that family his

lands cannot be taken into account

in fixing the ceiling area of that

family. Otherwise it would lead to

the absurd consequence of having to

take into account the lands of a

stranger to a family also in fixing

the ceiling of the family. If the

husband cannot be a member of both

the families at the same time it

inevitably follows that his lands

can be taken into account only in

calculating the ceiling area of the

family to which he is deemed to

belong. It was the same conclusion

that was reached by our learned

brother, Viswantha Iyer J, in

Kuttan V. State of Kerala and

Others, 1976 KLT 49. In the present

case the Taluk Land Board was right

in fixing the ceiling area of the

lands held by Kesava Menon as 14.91

acres and directing him to

surrender 67.44 acres as excess

land."

(emphasis supplied) 6. In a later decision in Mavilammal vs. Taluk land Board (1984 KLT 962) the declarant having tow wives , opted to treat the second wife and children as member constituting his family. The question arose as to whether the other wife and children should be treated as another family entitling them to share the properties for purpose of ceiling limits. Bhaskaran, Acting Chief Justice, held thus:-

"It was argued on behalf of the

petitioner that unless the first

wife and her children also are

treated as a separate family

entitled to the properties of the

declarant in the ceiling

proceedings, it would cause

hardship as far as the first wife

who is not named by the declarant

to be his wife for the purpose of

the ceiling provisions, and the

children born to the declarant in

that wife. He submitted that the

purpose of the Explanation is a

ensure that where the declarant has

more wives than one, then each wife

with her minor children should be

treated as persons who are entitled

to claim share in the property for

the purpose of the ceiling area. In

other words, according to him, it

is only after setting apart

sufficient land permitted for two

families, the extent depending upon

the number of persons constituting

each family, that the balance area

should be ordered to be

surrendered. The scheme of the Act,

According to me does not permit his

interpretation inasmuch as the

declarant could be a member of one

of the families only: and the

determination of the ceiling area

has to be made with reference to

his statutory family which includes

himself, if any, born in that wife.

For that matter even the major sons

and daughters might fall out of the

ambit of the statutory family."

(emphasis supplied)

We are of the view that the aforesaid decisions lay down the law correctly. The High Court was justified in holding that only the lands owned by the husband and the family chosen by him (as per explanation I to section 82 of the Act) will be taken into account for calculating the ceiling area of a family. The land owned and possessed by the other wives and members of their families will not be taken into account for the purpose of fixing the ceiling area in respect of the statutory family constituted by the husband as aforesaid. It is not permissible to treat the other wives and their children as separate families and then to deduct the ceiling area for each of such family from the total holding of the declarant husband. We concur with the reasoning and conclusion of the High Court. We are further of the view, that even if another view is possible, we are not inclined to take a different view at this distance of time. Interpretation of the law is not a mere mental exercise. Things which have been adjudged long ago should be allowed to rest in peace. a decision rendered long ago can be over-ruled only if this Court comes to the conclusion that it is manifestly wrong or unfair and nor merely on the ground that another interpretation is possible and the court may arrive at different conclusion. We should remember that the law laid dow by the High Court in the above decision has not been doubted so far. The Act in question is State enactment. These are weighty considerations to hold that even if different view is possible, if it will have the effect of upsetting or re-opening past and closed transactions or unsettling titles all over the State, this Court should be loathe to take a different view. On this ground as well, we are not inclined to interfere with the judgment under appeal. 7. The judgment of the High Court of Kerala rendered in C.R.P. No. 1894 of 1988 is affirmed. The appeal is dismissed. There shall be no order as to casts.

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