HARNABAI ANANDRAO SOMVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Shevubai W/o. Sarjerao, the petitioner in special civil Application No. 4099 of 1976, is the mother of Harnabai, Lochanabai, Kalabai; Shantabai, Kusbai and Anusayabai, the petitioners in special Civil Application No. 4036 of 1976. Shevubai was declared to be the surplus holder to the extent of 15 acres 20 gunthas by the surplus land Determination Tribunal, at Ashti. on February 16, 1976, notwithstanding that she filed a return under section 12 of the ceiling Act, stating that in the tends measuring 69 acres 20 gunthas mentioned in the return her aforesaid six daughters were given shares in a partition after the death of her husband.

(2.) The Surplus Land Determination Tribunal ignored the partition on the ground that it took place after September 26 1970, The Tribunal regarded Shevubai as a family and of one person, though none of her daughters were minors and under the Explanation (b) to Section 4(1) of the ceiling Act. it is only the minor sons and minor unmarried daughters that can fee ineluded in Shevubai's family unir.

(3.) Notwithstanding this, Shevubai's appeal filed before the Maharashtra Revenue Tribunal was dismissed on the ground that the appeal was barred by time by its order dated july 5, 1936. The findings and orders of the two learned Tribunate are challenged by the petitioners in the above Special Civil Application No. 4099 of 1976 and in the above application No, 4036 of 1976, by Shevubai's six daughters.