STATE OF MAHARASHTRA Vs. KESHAV WAMANRAO JOSHI

JUDGEMENT

(1.) - This appeal by the State arises from the judgment of the Bombay High Court in Special Civil Application No. 4981 / 76. The High Court found that the document of sale in question, which was registered subsequent to 26-9-1970, effected a valid transfer of land which was consequently liable to be excluded in computing the ceiling area of the respondent. In coming to this conclusion the High Court held "there is nothing on record to indicate that the transaction was not of a bona fide nature." The basis of the conclusion of the High Court was based on an assumption which is not warranted by law.

(2.) Section 10 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 provides:

(3.) The High Court has wrongly placed the burden upon the State by stating that there was nothing to indicate that the transaction was not of a bona fide nature. It has lost sight of the true meaning and significance of the Section. In the circumstances, we set aside the judgment of the High Court, but we are of the view that the respondent should be given another opportunity to discharge the statutory burden' of proof Accordingly, we remand this case to the competent Surplus Land Determination Tribunal, Maharashtra for fresh consideration of the matter after affording the parties a reasonable opportunity of being heard. It will be open to them to adduce further evidence in the matter, if they so desire. The appeal is disposed of accordingly. No costs.