Supreme Court On Personal Law in Land Reform

 

A.G. Varadarajulu and another, Appellants v. State of Tamil Nadu and others, Respondents.

K. VENKATASWAMI & M. JAGANNADHA RAO, JJ

Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act (58 of 1961), Section 3 (42) - Stridhana land - Definition of - Cannot be construed in light of personal law - Interpretation of Statues - Land ceiling laws - Cannot be construed in light of personal law.

Unless the "definitions" in land ceiling laws themselves refer to personal laws, it is not permissible to resort to the personal laws while interpreting "definitions" in land ceiling laws. It may be that for purposes of computation of the ceiling area, the land ceiling law may itself refer to the personal laws or it may be necessary to refer to personal laws but that is different. It is not therefore permissible to introduce principles of Hindu Law relating to maintenance of a wife or mother into the interpretation of the word stridhana land' in Section 3(42) of the Act.(Source: AIR 1998 Supreme Court 1388)






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