HIRALAL DAGDULAL KABRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special Civil Application No. 3017 of 1976 is filed by Hiralal Dagdulal Kabra, the son of Dagdulal, who died on March 8, 1958, leaving behind him the petitioner and three daughters out of whom one daughter by name Jankabai Laxminarayan died some time before leaving behind her as her heirs two sons shown as respondents Nos. 3 and 4 Narayandas and Ramprasad. The two other daughters are Sonubai and Godavaribai, who are respondents Nos. 5 & 6 in Special Civil Application No. 3017 of 1076. Narayan, Ramprasad, Sonubai and Godavaribai are the petitioners in Special Civil Application No. 3621 of 1976.

(2.) The grievance of the petitioners in these two petitions is that the Surplus Lands Determination Tribunal, Hingoli, and the Maharashtra Revenue Tribunal have failed to exclude the shares of the pre-deceased sisters sons and the two sisters, who are all Class I heirs as per the Schedule to the Hindu Succession Act, 1956, which applied to the present case. Under that Act, section 19 lays down that the heirs succeed as tenants-in-common and not as joint tenants.

(3.) Under Section 3(3)(c) of the Ceiling Act, where any land is held by a person jointly with others, under section 3(3)(ii) of the Act, the share of the person shall be taken to be the extent of land such person would hold in proportion of his share in the joint holding, as if the land had been so divided and separately held on the relevant date i.e. October 2, 1975.