T K KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short point which arises in the above Special Civil Application, filed by the petitioner, who was declared by the Surplus Land Determination Tribunal, Bhokardan at Camp Molkheda, on February 25, 1976, to be the surplus holder of land to the extent of 37 acres of land, is whether the petitioner is entitled to delimit the surplus out of the lands, which according to him were allotted towards the share of the minor nephew; while according to the Tribunal the surplus had to be delimited in the holdings of the petitioner.

(2.) The Surplus Land Determination Tribunal delimited the land out of Survey Nos. 107 and 141 of the Sawalatbara and 28 of Murti. These lands according to the petitioner were allotted to his share in the partition, which fact was noticed from the mutation entry made on December 31, 1970. The petitioner carried an appeal to the Maharashtra Revenue Tribunal, before whom respondent No. 4 Yamunabai w/o Kashiram Kale in the above petition made an application as the guardian of the minor who was her daughters son. She is also the mother of the petitioner.

(3.) The Revenue Tribunal rejected the contention on the ground that the owner of the land being a minor, the offer made by Yamunabai could not be accepted for the simple reason that it cannot be said to be in the interest of the minor. The finding of the Maharashtra Revenue Tribunal is challenged in the above petition under Article 227 of the Constitution of India.