S KRISHNAMURTHY Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) ONE of the questions involved in the instant petition is, whether in dealing with the undivided property of a family comprising of both independent adult members/sons thereof for the purposes of determination of ceiling area under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973, the concept of major sop constituting a separate family derived from the personal law applicable to Mitakshara school of Hindu Law can be applied to the Christians, and Muslims as well. Dealing with the provisions in the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962, a Bull Bench of the Patna High Court with a majority of 3 out of 5, in State v. K.V. Zuberi AIR 1986 Patna 166 (F.B.), has said:

(2.) THERE has, however, been, besides the defiinition of ?family? inserted by Act 1 of 1973, in the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. 1961, Explanation II, inserted by Act 22 of 1976, which provided: