MOHOMED YUSUF HAJI RAIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above special civil application is filed by Mohomed Yusuf Haji Amirsaheb Rais, Nasimpasha Haji Amirsaheb Rais and Amirpasha Arifpasha Haji Amirsaheb Rais, the three sons of Khanbahadur Haji Amirsaheb Rais, challenging the declaration of surplus lands, made by the Sub-Divisional Officer, Dahanu Division, Dahanu, on March 16, 1976, stating that the petitioners were entitled to retain only 134 acres 33 gunthas of Warkas Lands, 64 acres 3 gunthas of Kharap lands and 17 acres 4 gunthas of Pot Kharab lands, as surplus lands were held by the petitioners, over ruling their contentions that they were holding the lands separately under the family arrangements made by their father in the year 1944; and the partition affected all the property.

(2.) The said decision was confirmed by the Maharashtra Revenue Tribunal, Bombay, in an appeal filed by them, on July 30, 1976. observing as follows :

(3.) The decision is challenged by the petitioners by filling the above Special Civil Application under Article 227 of the Constitution of India. Mr. Parulekar, the learned Counsel appearing for the petitioners, submitted that in the case of Muslims, there cannot be a customs or usage of being joint in estate, possession or residences as such family arrangements are unknown to the Mahomedan Law; and under the Shariat Act, no other rule can be applied to the Muslims. The contention must be upheld.