Supreme Court of India · 1989-04-19
DIBYASINGH MALANA vs STATE OF ORISSA & ORS.
- Citation / case number
- SC 1989/72452
- Court
- Supreme Court of India
- Petitioner
- DIBYASINGH MALANA
- Respondent
- STATE OF ORISSA & ORS.
- Author
- N.D. OJHA
- Bench
- N.D. OJHA
Judgment text excerpt
The Supreme Court upheld the definition of 'family' under Section 37(b) of the Orissa Land Reforms Act, 1960, ruling that major married sons who separated by partition before September 26, 1970, are entitled to separate ceiling units. The Court found that the Act's provisions have a clear nexus with the agrarian reform policy under Article 39(b) of the Constitution. The interpretation proposed by the appellants to modify the definition was rejected, affirming that the existing language of the statute is clear and serves the legislative intent of redistributing surplus land.