9911796707
TMI Blog2001 (4) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... ltural set up in this part of the country, it was perhaps thought that ipso facto they, on being married away, ceased to be members of the parents family and become members of the husbands family and therefore no provision was thought necessary to be made. Giving this interpretation to the statutory definition of the expression family would not work out any violation either of the scheme of the legislation or injustice to a daughter exposing her to double jeopardy, once by aggregating her properties with her fathers holdings and then with her husbands holdings if her husband happens to be a land holder as such. That order is under challenge in these appeals. For appreciating and deciding the controversy, we would refer to the relevant provisions of the Act which have bearing on the questions involved. 37-A. Ceiling area-The ceiling area in respect of a person shall be ten standard acres: Provided that where the person is family consisting of more than five members, the ceiling area in respect of such person shall be ten standard acres increased by two standard acres for each member in excess of five, so however, that the ceiling area shall not exceed eighteen standard a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Land Reforms (Amendment) Act, 1973 i.e. 2nd October, 1973. The definition of the term family in Section 37(b) of the Act came for consideration before this Court in Dibyasingh Malana v. State of Orissa and others [1989 Supp. (2) SCC 312]. In that case, the Court considered the contention that in view of partition in families of the appellants in the year 1965, the land in ancestral property which fell in the share of the appellants could not be clubbed with those of their father. That contention was negatived on facts by observing that the main provision containing the definition of the term family is to be found in the first part of Section 37(b) namely family in relation to an individual, means the individual, the husband or wife, as the case may be, of such individual and their children, whether major or minor. Later part of Section 37(b) namely, but does not include a major married son who as such had separated by partition or otherwise before the 26th day of September, 1970, does not, on the face of it, contain a matter which may in substance be treated as the fresh enactment adding something to the main provision but is apparently and unequivocally a proviso containing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd after marriage there is no question of clubbing her holdings with the family of her parents. Further, considering the aforesaid definition even if a married woman who has separated from her husband by a decree or order of a court or under any custom or usage having the force of law and staying along with her parents, it would be difficult to hold that she is a member of her parents family. After marriage, she looses the status of being member of her parents family. As against this, a major son after marriage would not automatically cease to be a member of his parents family. Therefore, the phrase children, whether major or minor as mentioned in the definition of the word family is required to be given reasonable meaning as understood in popular sense of the word. That appears to be the reason why the Legislature has not made any provision either excluding or including married daughters land holdings in her parents family, otherwise the definition of the word family would not be workable. For the married son, the Legislature has provided that his holdings of the land would not be clubbed if he is a major married son who had separated by partition or otherwise before 26th Septembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urse of decisions by interpreting that provision differently. A different view would not only introduce an element of uncertainty and confusion, it would also have the effect of unsettling orders and/or transactions which might have been entered into on the faith of those decisions. In the result, these appeals are dismissed. There shall be no order as to costs. C.A. No. OF 2001 (Arising out of SLP (C) No.6099/92) Leave granted. In this appeal, the question which was considered by the High Court (paragraph 5 of the judgment) reads thus: - For getting a separate ceiling area distinct from his father, petitioner is to prove that he as a major married son had separated by partition or otherwise before 26.9.1970. Question is whether majority of petitioner, his marriage and separation are to be taken into consideration independently of each other to have happened before 26.9.1970 or the separation is required to be as a major married son. If all the three are to be taken into consideration independently, petitioner can succeed in getting a separate ceiling by proving his marriage in 1969, as claimed by him. If, however, majority and marriage are to precede separation, petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
