Civil Revision Petition No. 904 of 1974
The High Court of Judicature at Madras issued its order in Civil Revision Petition No. 904 of 1974 on 22 June 1977, dismissing K.C. Periakolandai Raja's challenge to the Subordinate Judge, Cuddalore. The court accepted that the wife's holding could not be combined with the petitioner's holding for ceiling calculation because she held 25 standard acres, while combination was stated to apply only when she held 10 standard acres or less.
What the court decided
The High Court of Judicature at Madras, through the Honourable Mr. Justice Mohan, decided Civil Revision Petition No. 904 of 1974 on 22 June 1977. The court dismissed the petition filed by K.C. Periakolandai Raja and ordered no costs.
The petition asked the High Court to revise an order made by the Court of the Subordinate Judge, Cuddalore, on 7 December 1973 in C.M.P. No. 399 of 1966. It was presented under Section 82 of the Madras Land Reforms Act, 1971, read with Section 115 of Act V of 1968.
Ceiling calculation at issue
Civil Revision Petition No. 904 of 1974 concerned whether land held in the petitioner's wife's name could be added to the petitioner's holding when calculating the applicable ceiling.
The High Court recorded the following points:
- The wife held 25 standard acres in her name.
- Her holding could be computed with the petitioner's holding only if she held 10 standard acres or less.
- Because her holding was 25 standard acres, the lower court was correct in finding that it could not be computed with the petitioner's holding.
- The High Court found no merit in the revision petition and dismissed it.
- No costs were awarded.
Parties involved
K.C. Periakolandai Raja was the petitioner in Civil Revision Petition No. 904 of 1974. The respondents were the State of Madras, represented by the Collector of South Arcot, Cuddalore, and the Authorised Officer, Land Reforms, Cuddalore.
The petitioner was represented by Mr. K. S. Savabhuas, Advocate. Mr. S. Rajaram appeared for the Additional Government Pleader on behalf of the respondents.
Who may find it relevant
Civil Revision Petition No. 904 of 1974 is relevant to readers examining how the court treated a wife's separately held land in a ceiling calculation under the legislation cited in the petition. The document decides the named petition and records the court's reasoning based on the wife's holding of 25 standard acres.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Was the wife's land added to the petitioner's holding for the ceiling calculation?
No. The High Court accepted the lower court's view that her holding could not be computed with the petitioner's holding because she held 25 standard acres.
What threshold did the High Court state for combining the wife's holding?
The High Court stated that her holding could be computed with the petitioner's holding only if she held 10 standard acres or less.
Did K.C. Periakolandai Raja succeed in the revision petition?
No. The High Court of Judicature at Madras dismissed Civil Revision Petition No. 904 of 1974.
Did the High Court award costs?
No. The order states that there were no costs.
