SHAMBUSINGH 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 petitioners total holding was compiled 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.) The contentions were raised before the authorities below and also before me seeking exemption for two pieces of land from being considered as available for calculating the total holding of the petitioner of 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 petitioners 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 a 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.