SHANKAR PANDHARINATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, in the above Special Civil Application was declared to be a surplus holder to the extent of 16 acres and 20 gunthas, under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by the Surplus Land Determination Tribunal No. 2, Jalna, that order was confirmed by the Maharashtra Revenue Tribunal. After the above Special Civil Application was filed on June 17, 1976, the petitioner has filed the Civil Application No. 2138 of 1976 to amend his original petition by adding grounds challenging the validity and propriety of the order of the Maharashtra Revenue Tribunal.

(2.) The petitioner has also filed Civil Application No. 2803 of 1976 for leave to produce documentary evidence to show that the child by name Ganjanan was born to the petitioner at 11.00 Oclock on June 24, 1976 and also to produce the birth extract relating to the child as well as a decree passed in R.C. Suit No. 93 of 1976, in the Court of Joint Civil Judge (J.D.), Buldhana. The decree is passed at the instance of the wife of the petitioner against the defendants therein for specific performance of the agreement of sale subject to certain conditions mentioned therein.

(3.) Two points were urged in support of the Special Civil Application by Mr. Agrawal, the learned Counsel for the petitioner. The first point was as one more son was born to the petitioner on June 24, 1976, within the period of gestation which must have been commenced prior to October, 2 1975, the child in the womb must be considered as the child born for the purposes of law. In support of his contention Mr. Agrawal has relied on a decision of this Court in (Raghunath Ramchandrar Kebra v. State of Maharashtra) 1975 Mh.L.J. 603.