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1968 (10) TMI 103 - SC - Indian Laws

Issues:
Interpretation of s. 32(KK) of the Pepsu Tenancy and Agricultural Lands Act 1955 regarding its effective date.

Analysis:
The judgment dealt with the interpretation of s. 32(KK) of the Pepsu Tenancy and Agricultural Lands Act 1955. The appellants, members of a joint Hindu family, owned agricultural lands exceeding the permissible limit under the Act. The dispute arose when the Collector determined surplus lands in their hands without considering a partition deed dividing the family properties. The Collector held that surplus lands existed, leading to appeals and a writ petition challenging the decisions. The High Court dismissed the petition, holding that s. 32(KK) should be deemed to have come into force on the date of the principal Act. However, the Supreme Court disagreed, emphasizing the specific provision in the Pepsu Tenancy and Agricultural Lands (Amendment and Validation) Act 1962 which stated that s. 32(KK) should be deemed to have come into force on October 30, 1956, clarifying the legislative intent.

The Supreme Court highlighted that s. 32(KK) was introduced by the 1962 Amendment Act and should be interpreted in conjunction with s. 32(FF) incorporated in 1959. The Court rejected the retrospective application of s. 32(KK) to the date of the principal Act, as it would render the provision meaningless without considering s. 32(FF). The judgment emphasized the importance of legislative intent and the need to interpret statutes harmoniously. The Court concluded that the legislature intended s. 32(KK) to be effective from October 30, 1956, aligning with the legislative framework and the specific provision in the Amendment Act. The appeal was allowed, and the impugned orders were quashed, with costs awarded to the appellants.

In summary, the Supreme Court's judgment clarified the effective date of s. 32(KK) of the Pepsu Tenancy and Agricultural Lands Act 1955, emphasizing legislative intent and the specific provision in the 1962 Amendment Act. The Court rejected the retrospective application of s. 32(KK) to the date of the principal Act, ensuring a harmonious interpretation of the statutes involved. The decision overturned the High Court's ruling and provided clarity on the legislative timeline for the application of s. 32(KK) in determining surplus lands, resolving the dispute regarding the partition deed's consideration in the calculation of surplus lands.

 

 

 

 

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