DATTATRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Proceedings were initiated against the appellant for fixation of the ceiling area which the appellant was entitled to hold under the provisions of the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961 (hereinafter to be referred to as "the Act"). In that proceeding, a stand wastaken on behalf of the appellant that he had transferred two survey numbers, viz. 47/6 and 47/3 covering an area of Ac. 3. 00 and Ac. 5.35 respectively through registered sale deeds executed on 10/5/1974 and 22/5/1974 for the marriage of his daughter and as such the aforesaid survey numbers should be excluded before the ceiling area to be fixed in respect of the lands held by the appellant. The marriage of the daughter of the appellant took place on 14/7/1975.

(2.) The Maharashtra Revenue tribunal on consideration of the materials on record came to the conclusion that the transfer of Survey Number 47/6 measuring an area of Ac. 3. 00 for an amount of Rs. 4,000. 00 should be excluded because that transfer had been made for the marriage of the daughter of the appellant. However, the tribunal rejected the claim so far the other sale deed in respect of Survey Number 47/3 measuring an area of Ac. 5.35 was concerned. That Survey No. 47/3 had been transferred on 22/5/1974 for a consideration of Rs. 11,000. 00. The writ petition filed on behalf of the appellant was dismissed by the High court.

(3.) On behalf of the appellant it was urged that once the tribunal excluded the transfer of Survey No. 47/6 on the ground that the said transfer had been made for the marriage of the daughter of the appellant, the same ground should have been applied in respect of sale deed dated 22/5/1974 in respect of Survey No. 47/3. According to us, once the tribunal and the High court have accepted the case of the appellant in respect of sale dated 10/5/1974 relating to Survey No. 47/6, that the transfer had been made for the marriage of the daughter of the appellant they should have also accepted the case of the appellant in respect of the other sale dated 22/5/1974 relating to Survey No. 47/3. Even in the year 1974, a marriage of a daughter could not have been celebrated with an amount of Rs. 4,000. 00 only. By sale of Survey No. 47/3 covering an area of Ac. 5.35 the appellant got an amount of Rs. 11,000. 00 only. In other words, because of the two sale deeds the appellant got an amount of Rs. 15,000. 00 which can be held to be the reasonable amount which is expected to be the expenditure in connection with the marriage of the daughter of the appellant. Accordingly, we allow this appeal and set aside the impugned order relating to sale deed dated 22/5/1974 in respect of Survey No. 47/3. We direct that while fixing the ceiling area of the appellant, the aforesaid area of Ac. 5.35 of Survey No. 47/3 should also be excluded. No costs.