KAMALABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A short but important point arises in the above Special Civil Application, directed against the judgment, dated March 29, 1976, passed by the Maharashtra Revenue Tribunal, Au-rangabad, dismissing an appeal against the decision of the Surplus Lands Determination Tribunal, Nilanga, dated December 27, 1975, declaring that the Petitioner No. 1 Kamalabai holds surplus land to the extent of 17 acres 15 gunthas under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The validity of the declaration will depend on the question as to whether the Tribunals erred in law in excluding from consideration the share of the mother-in-law of Petitioner No. 1, Sheshabai, under Section 3 (3) (c) (ii) of the Oiling Act.

(2.) Petitioner No. 1 Kamalabai filed a return under Section 12 of the Ceiling Act claiming that her husband, Govindrao, died on 27-8-1975, leaving behind him, herself, two minor daughters and his father and mother. Notwithstanding this, the Tribunals ignored the mother's share in the property which is equal to that of the wife as the mother is a Class I heir under the Schedule to the Hindu Succession Act; and the heirs in Class I have to succeed equally under Section 8 of that Act.

(3.) It is not in dispute in this ease that the mother and father together did not hold more than one acre and 17 gunthas of land. It cannot be disputed that Sheshabai is entitled to 1/4th share under the provisions of the Hindu Succession Act, and if her share is considered in her family unit, the Petitioner No. 1 cannot be declared as a surplus holder at all.