KARSANAMBUBHAISINDHAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the High court of Gujarat at ahmedabad in LPA No. 32 of 1980, dated 10/9/1981.

(2.) Section 6 (3-B) of the Gujarat Agricultural Lands Ceiling Act, 1960 defines 'family' as:

(3.) It is an admitted fact that the appellant has a minor son and himself constitute the family. The tribunal, therefore, after excluding the ceiling area of 54 acres, computed 18 acres 23-3/4 gunthas to be excess land. The appellant claimed that his father, mother and other members etc. are residing with him, they are the members of joint family and that, therefore, they are entitled to separate unit, thereby he is not having in excess of the ceiling area. That contention was negatived by the tribunal as well as by the High court. It is seen that by operation of the above definition, for the purpose ofceiling, the computation shall be made only in accordance with the definition given under the Act. In that definition, apart from himself, other members belonging to the family are only his minor son or son of a pre-deceased son and son or daughter of a pre-deceased son where the widow of the pre- deceased son died. In this case, admittedly, he is having only himself and his minor son constituting the family. His father, mother, brothers and sisters though may be living with him, they are not members of the family much less his joint family and that, therefore, they are not entitled to any additional computation of the area to the extent of l/5th of the ceiling area for each member in excess of five, so however that the total holding of the family does not exceed twice the ceiling area. Thereby, one unit was given to the appellant of an extent of 54 acres and he is liable to surrender 18 acres 28 (sic 23-3/4 gunthas which is found to be excessive.