B. RAJAM AMMAL (D) BY LRS. v. LAND COMMISSIONER, CHEPAUK AND ORS.

IN THE SUPREME COURT OF INDIA

B. RAJAM AMMAL (D) BY LRS. Appellant(s)

LAND COMMISSIONER, CHEPAUK AND ORS. Respondent(s)

We have heard the learned counsel appearing for

the parties.

The facts relevant for the purpose of the

present appeal are, that the original owner – T.P.

Muttiah Chettiar had two sons, namely, Palani

Chettiar and Sadasiva Chettiar, who were the members

of a Hindu Undivided Family. Palani Chettiar had

passed away in 1943, and left behind his wife –

Sivakami Ammal, two daughters including the appellant

No. 1 and a son i.e., respondent No. 3. On

06.09.1994, the properties were partitioned between

the family of Palani Chettiar and Sadasiva Chettiar,

vide a registered partition deed. The said Sivakami

Ammal was the guardian of respondent No. 3, as he was

a minor at the time of execution of the partition

deed. Later, proceedings under the Tamil Nadu Land

Reforms (Fixation of Ceiling on Land) Act, 1961 (for

short, ‘the Act’) were initiated against the holdings

of respondent No. 3, wherein, certain lands were

declared as surplus lands under the Act. The mother

of appellant No 1 – Sivakami Ammal had filed a

revision petition before the Land Commissioner, which

was dismissed on 16.01.1990, on the ground that the

plea regarding joint family properties wa...