SHAMBUSING DHANSING JADHAVRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, the petitioner challenges the orders holding that he is in possession of 9 Acres and 31 Gunthas which is surplus. The petitioner's total holding was complied as 64 Acres and 06 Gunthas. The petitioner was entitled to hold in his possession 54 Acres of land as permitted under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

(2.) Two contentions were raised be fore the authorities below and also be fore me seeking exemption for two pieces of land from being considered as available for calculating the total holding of the petitioner at 64 Acres and 06 Gunthas.

(3.) The first contention was that the petitioner had sold on the 28th of February 1974, 14 Acres of land. This land was given subsequently Gat No. 807. The sale was for Rs. 45,000/- and it is the petitioner's contention that he was required to sell these lands to meet the marriage expenses of his sister which took place on 11th March, 1974. and that he had also given to his sister a sum of Rs. 10,000/- in cash at the time of the marriage by a cheque dated 9th March, 1974, with regard to which he produced evidence. His contention, therefore, was that the transfer of part of the land, Gat No. 807, was bona fide transfer and was not made in anticipation of, or in order to avoid or defeat the object of the amending Act 1972, though made within the period 26th September, 1970 and 2nd October, 1975, the day of commencement.