ONKAR V PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short question which arises in this special Civil Applicatition under Article 227 of the Constitution is whether the view taken by the authorities below that the partition which has been evidenced by a registered deed dated March 30, 1959, is contrary to law and as such ineffective.

(2.) The facts giving rise to this petition may be stated thus: Agricultural lands having an area to the extent of 344 acres and 6 gunthas belonged to the joint family of one Gajmal. His son Vyankat who died on December 4, 1973. Petitioner No. 1 Onkar is his sun. Vyankat's wife Sakhubai predeceased him and she died on October 12, 1960. Vyankat's another son Narayan died on June 25, 1973 leaving behind him his widow Nababai and his two sons Padmakar and Ashok, who are petitioners 2 and 3 to this petition. Onkar's wife is Sonabai and Madhukar is their son, The members of the family divided their properties and a regular partition deed was executed by the members of the family on March 30, 1959 On the date of the partition, Narayan's sons, Padmakar and Ashok were minors and Narayan executed the deed on their behalf as their guardian. There were thus 8 members of the family as parties to the deed of partition and they were : (1) Vayankat Gajmal Patil; (2) Onkar Vyankat Patil; ( 3 ) Narayan Vyankat Patil; 4) Sakhubai wife of Vyankat Patil; (5) Sonabai, wife of Onkar Patil; (6) Madhukar son of Onkar Patil; (7) Nababai wife of Narayan Patil; and (8 ) Padmakar Narayan Patil. On April 6, 1959, the deed of partition was duly registered. Under the said partition. The allotment of lands to the share of the respective members of the family was as follows : <FRM>JUDGEMENT_187_MHLR2_1978Html1.htm</FRM>

(3.) It is not disputed before me that in pursuance of the said partition entries were duly made in the village record and mutation was effected as per the deed of partition. In view of the said partition, holdings of the parties did not exceed the ceiling area and therefore Vyankat didnot file return under the provisions of Sec.12 of the Maharashtra Agricultural Lands ( Ceiling on Holdings) Act, 1961. However, the Collector of Jalgaon instituted an enquiry in the holding of Vyankat and issued notice to him under section 13 of the Act. On March 31, 1969, Vyankat filed his written statement stating that there was a partitition of the joint family property amongst the memberes of the joint family and the holding of the respective members of the family did not exceed the ceiling area. He, therefore, contended that he was not required by law to file a return under section 12 of the Act. Vyankat also pointed out in the written statement that the partition was effected priorgto August 4, 1959 and was therefore legal and did not offend the provisions of section 10 of the Act. On February 27, 1971, the Assistant Collector accepted the case of partitition and passed an order dropping the enquiry.