SHARADKUMAR JAGANNATHAPRASAD VERMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short question for determination in this petition is whether the ceiling area should be computed on the basis of an additional member in the family unit, viz., a daughter born on 4-5-1976.

(2.) After the return was filed the Surplus Land Determination Tribunal upon conversion of the lands held by the petitioner came to the conclusion that the holding was of 57 acres 15 gunthas. That is not disputed here. The Surplus Land Determination Tribunal came to the conclusion, that the surplus was of 3 acres and 15 gunthas. The family unit reckoned for the purposes of calculation consisted of husband, wife, minor daughter and two minor sons. On the basis of five persons an area of 54 acres was allowed to be retained by the petitioner. It appears that the wife of the petitioner was pregnant and she delivered a female child on 4-5-1976. The Surplus Land Determination Tribunal has passed bis order on 25th of Feb. 1976 but when the appeal was presented against that order before the Maharashtra Revenue Tribunal, a specific point was made out and the certificate showing the birth was also-filed. The contention of the petitioners, however, was disallowed, by saying that the plea was raised for the first time in the Court of appeal and the same could not be entertained. Obviously since the child was not born, the birth could not have been spoken to, but the Tribunal has said that the petitioner ought to have referred to the pregnancy and the expectancy of the child. I am not in favour of this logic. One could not with certainty have known about the birth, lest some mishap had happened. Therefore, the question which will have to be faced squarely would be whether on the birth of a child and when the proceedings for determining of the ceiling are continuing, the benefit of the additional member could be given to the petitioner.

(3.) In this connection, the petitioner relied upon the decision reported in Raghunath Vs. State of Maharashtra, 1975 Mh.LJ. 603. According to that ruling, under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 when the ceiling area was to be determined on the appointed day i.e. 26th day of Jan. 1962, a child in the womb of the mother was taken as an existing member of the joint Hindu family.