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Supreme Court of India

S. N. SUNDALAIMUTHU CHETTIAR versus PALANIYANDAVAN

Decided
12 August 1965
Judges listed
K. SUBBA RAO (as the open data lists them; this may not name the whole bench)
Disposal
Appeal(s) allowed

Citations

Official
[1966] 1 S.C.R. 450 · 1965 INSC 151
Also cited as
  • AIR 1966 SC 469 (4 citing judgments)

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The Court's text

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i;idering the views of Balakrishna Iyer J., and Rajagopala Ayyangar J., and also certain English decisions agreed with the view of the latter, and in our view, rightly.

p. 452, margin F

It is, however, said that though the heirs of Kanda Devan are not themselves exerting their physical labour the respondent who is the holder of a power of attorney from them is doing so and that, therefore, the heirs must be regarded as cultivating tenants. Reliance is placed in this connection on cl. ( ee) which gives the meaning of the expression "to carry on personal cultivation". Before the heirs can be given the benefit of this definition it is necessary for them to establish that someone i~ contributing (I) (t~8] 272. 256.

p. 452, margin G

his physical labour in the cultivation of the land and that that someone is a member of their family. Mr. S. C. Agarwal, appearing for the respondent, said that a son-in-law can be regarded as a member of the family because the word 'family' is not to be construed in a narrow sense or meaning only a member of a Hindu joint family. He is quite right there because the Act applies to all tenants irrespective of the personal laws which govern them. In Webster's New World Dictionary one of the meanings of family is "a group of people related by blood or marriage relatives". A person can, therefore, be properly regarded as being the member of his wife's family and not merely of his father's family. Mr. Viswanatha Sastri for the appellants, however, contends that even so the respondent is not contributing any physical labour but is only doing some kind of supervision. He further points out that according to the decision in Abubucker Lebbai's case(') the work of supervision is not tantamonnt to physical labour. There is, however, no finding by the Sub- Collector as to the nature of work, if any, which the respondent is doing in connection with the supervision of the land in question. In the absence of such a finding and in the absence of any relevant material before us we cannot deal with this argument. We do not even know whether there were any pleadings of the parties on the point and whether any evidence was led thereon by the parties. In the circumstances we think that in the interest of justice we should set aside the orders of both the courts below and remit the matter to the Sub-Collector for deciding as to whether the respondent was putting in physical Jabour in the cultivation of the field. If there is no material on record bearing on the point he should give opportunity to both the parties to make necessary pleadings and to adduce evidence. Accordingly we allow the appeal, set aside the decisions of the courts below and remit the matter to the Sub-Collector for a decision adverting to what we have said in our judgment. Costs in this Court will be paid by the appellant as ordered on May 3, 1965. Costs in the two courts below will abide the result.

p. 453, margin A

Appeal allowed. --------····

p. 453, margin G