KESHARBAI JAGANNATH GUJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition has been referred to a larger Bench by a Division Bench by its order dated 16th September, 1980. The only question involved in the petition relates to the correct meaning and interpretation of the provisions of section 14 of the Hindu Succession Act. Since the facts were undisputed and that was the only question involved, the petition itself has been referred to the Full Bench.

(2.) The facts leading to this Writ Petition are not in dispute. One Jagannath Gujar died in 1934 leaving behind his window Kesharbai. Kesharbai inherited three Gut numbers from her husband together admeasuring 26-H. and 39 Rs. The amended Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 came into force on 2nd October, 1975 with retrospective effect from 26th September, 1970, which was the Appointed Day. Kesharbai filed her return within time. She stated that she had adopted a son Jitendra on 7th February, 1964. She also claimed that her adopted son was entitled to one half share in the property. The Surplus Land Determination Tribunal accepted this contention of Kesharbai and stated that in view of the notional partition between Kesharbai and Jitendra, neither was a surplus holder. The case of Kesharbai was disposed of by the Tribunal.

(3.) In a suo motu enquiry under section 45(2) of the said Act, the Divisonal Commissioner issued notices to the parties and heard the parties. According to the Commissioner Kesharbai became full owner of the entire property left by her husband as a result of section 14 of the Hindu Succession Act read with section 12(c) of the Hindu Adoptions and Maintenance Act, 1956. In that view Kesharbai alone would become the full owner and holder of 26-H. 39 Rs. left by her husband. Under the new Ceiling Act credit was given to the maximum holding of 21 H. 25 Rs. and the balance was declared surplus. Aggrieved by this order of the Commissioner, Kesharbai has filed the present petition.