STATE OF MAHARASHTRA Vs. VYASENDRA

JUDGEMENT

(1.) A question frequently arises under the Agricultural Ceiling Acts passed by the State Legislatures as to whether the land owned and held by a wife as her separate property can be clubbed together with the lands held by her husband and the other members of the family for the purpose of computing the ceiling on the holding of the 'family unit." That question arises in this appeal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 27 of 1961, ('The Act').

(2.) The respondent Vyasendra filed a return under Section 12 of the Act showing the lands held by him and mentioning that certain lands which stood in the name of his wife were her separate property. The surplus Lands Determination Tribunal held under Section 21 of the Act that the total holding of the respondent, including the land which was alleged to be the separate property of his wife, was 67 acres and 34 gunthas. Since the ceiling under the Act is 54 acres, the respondent was asked to surrender an area admeasuring 13 acres and 34 gunthas.

(3.) The Additional Commissioner, Aurangabad, called for the record and proceedings of the Tribunal suo motu. The respondent contended in those proceedings that an area of 17 acres and 27 gunthas which was sold by his wife after the notified date, was wrongly included in the holding of the family unit on the basis that the sale was mala fide and was not supported by legal necessity. By an order dated January 16, 1979 the Additional Commissioner remanded the matter to the Tribunal for a fresh inquiry into the question as to whether the sale of land effected by the respondent's wife after the notified date was supported by legal necessity. The contention was that the respondent's wife had sold the land in order to meet the medical expenses in connection with her illness.