RAMANLAL BHAILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by special leave, against the judgment dated 4.3.2003 passed by the Gujarat High Court in L.P.A. No.123 of 2000, relates to the interpretation of the word 'person' in the Gujarat Agricultural Lands Ceiling Act, 1960 ('Ceiling Act' for short).

(2.) The five appellants along with their respective spouses purchased 172 acres and 36 guntas of agricultural land in Madheli village under four sale deeds dated 14.11.1970 (128A, 26G), 29.4.1971 (26A, 37G), 23.6.1971 (10A, 14G) and 18.12.1971 (6A, 39G) for a total consideration of Rs.46,300/-. Before such purchase, the ten purchasers entered into an agreement dated 15.9.1969 proposing to purchase about 175 acres of land in their joint names and recording the conditions subject to which they proposed to purchase such land. The reason stated in the agreement for the joint purchase, was to avoid each of them having to individually negotiate and enter into separate agreements with several owners of the lands. They agreed that one of them would be authorized to hold negotiations and go through the procedural requirements for the purchase; and that after purchasing the land in their names, they would divide the lands equally as early as possible. They also agreed that there will be no collective or joint cultivation of the lands proposed to be purchased by them.

(3.) After the purchase of the lands, the ten purchasers entered into another agreement on 30.12.1971 recording that the total sale price of Rs.46,300/- was paid equally by all of them. The said agreement also recorded the division of 172A, 36G of land purchased by them into ten portions among them. Under the said agreement, they also agreed to get their names registered in the Land Revenue Records as per the division. Subsequently, on their applications, Mutation Entry No.1371 dated 25.2.1976 (duly verified and approved on 19.4.1976) was made showing each co-owner as the separate owner of the lands respectively allotted to him/her, vide Hak Patrak (Village Form No.6), issued by the Land Revenue authorities.