STATE OF GUJARAT Vs. PATEL KALA SANA

JUDGEMENT

(1.) The common majority decision rendered by the Gujarat Revenue Tribunal at Ahmedabad ('the Tribunal' for convenience) on 2 5/01/1984 in Revision Application No. TEN. B.A. 223 of 1982 and allied matters [Reported in Vilhalbhai N. Patel v. State, 1984 GRTLR 38(FB)] and subsequent decisions by the Tribunal following the aforesaid majority decision are under challenge in this group of petitions under Art. 227 of the Constitution of India. The questions of law arising in all these petitions are common. I have, therefore, thought it fit to dispose of all these petitions by this common judgment of mine.

(2.) The Full Bench of the Tribunal of five members including the President was constituted to resolve its conflicting decisions on two main questions. The first question was whether or not a major brother in a joint family could be regarded as a major son for the purpose of Sec. 6(3C) of the Gujarat Agricultural Lands Ceiling Act, 1960 ('the Act' for brief) where the joint family consisted of brothers and their progeny with neither parent of the brothers alive. The second question was whether or not the provision contained in Sec. 6(3C) of the Act would be available to a major son in a family where only the female parent was alive. By its majority ruling of 3 versus 2, the Tribunal has held that a major brother in the joint family consisting of only brothers with or without their progeny, but with neither parent alive, would be a separate person for the purposes of Sec. 6(2) of the Act in view of Sec. 6(3C) thereof. The second question was also answered in the affirmative in favour of the family, as a landholder, consisting of a mother and a major son with or without other members therein. The majority decision of the Tribunal is at Annexure 'A' to Special Civil Application No. 5276 of 1984. The State Government has chosen to challenge the decision at Annexure A' to Special Civil Application No. 5276 of 1984 and allied matters and the subsequent decisions of the Tribunal based on the aforesaid majority decision at Annexure 'A' to that petition in the other petitions.

(3.) In order to understand and appreciate the rival contentions urged before me, it would be quite proper to look at certain relevant provisions of the Act. It may be mentioned at this stage that Sec. 6(3C) of the Act was brought on the statute book along with other relevant provisions by Gujarat Act No. II of 1974 ('the Amending Act' for brief) with effect from 1/04/1976. The Act was brought into force with effect from 15/06/1961. The Amending Act has sought to lower the ceiling limits for holding of agricultural lands by land-holders in the State of Gujarat. In that process, it introduced certain provisions presumably to ameliorate the lots of land-holders having quite a few mouths to feed. That is how the provisions like Sees. 6(3B) and 6(3C) have come to be introduced in the Act. Keeping this background in mind, it would be quite proper to look at certain provisions of the Act.