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Judgment
P.S. Kailasam, J.—The Government assigned to the petitioner 77-47 standard acres, otherwise than under the Madras Estates (Abolition
and Conversion into Ryotwari) Act, 1948, after the notified date. The question arises whether this assignment would come within the provision u/s
20 of the Madras Land Reforms. (Fixation of Ceiling on Land) Act, 1961. The Government have considered, the petitioner''s case and granted
patta outside the Abolition Act, by assignment.
Section 20 of the Madras Act LVIII of 1961, provides that if, as a result of any transfer of land either by sale, gift, exchange, surrender,
agreement, settlement or otherwise effected on or after the notified date, the extent of land held by the transferee exceeds the ceiling area, then, the
right, title or interest accrued, in his favour by virtue of such transfer in the land in excess of the ceiling area shall as a penalty for contravention of
the provisions of Section 7, be deemed to have been transferred to the Government with effect from the date of such transfer. Section 7 prescribes
that on and from the date of the commencement of the Act no person shall be entitled to hold lands in excess of the ceiling area unless in
accordance with the provisions of the Act. Thus, u/s 20 of the said Act any transfer of land either by sale, gift, exchange, surrender, agreement,
settlement or otherwise will not vest title on the transferee, but will vest with the Government. The question is whether the assignment by the
Government will come under any of the transactions mentioned in Section 20 of the said Act, namely, assignment, sale, gift, exchange, surrender
agreement, or settlement. The word ""or otherwise effected"" can only be read ejusdem generis with any of the transactions mentioned earlier. As the
assignment cannot be brought under any transfer ''otherwise effected'' the transaction cannot be held to be one u/s 20. Therefore, the penalty
provided u/s 20 cannot be applicable. The result will be, though the petitioner cannot claim anything more than the ceiling area, the penal provisions
of Section 20 will not be applicable. The Government, of course, will be at liberty to deal with the excess area according to Act LVIII of 1961,
otherwise than u/s 20.
The civil revision petition is allowed to the extent indicated above.