GODAVARIBAI TRIMBAK APPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition arises ont of proceedings under the Maharashtra. Agricultural Lands (Ceiling on Holdings) Act, 1961, hereinafter referred to as " the Ceiling Act." Petitioners Nos. 1 and 2 are mother and son respectively and they are the successors- in-interest of one Trimbak Appa who died on 7th October 1973. Sadashiv the major son. It is also mentioned that Trimbak App left behind him a minor daughter Kanta by name. The proceedings under the Ceiling Act, after its amendment in the year 1975, were taken up and the Surplus Land Determination Tribunal of Bhokardan in Auyrangabad District by its declaration dated 29th March 1976 held that the total holding of the family consisting of the petitioners were 59 acres 20 gunthas. The ceiling permissible being 54 acres, 5 acres 20 gunthas .were declared as surplus land. In the proceedings before the surplus land Determination Tribunal it had been contended on : behalf of the, petitioners that the land bearing Survey No. 235 had been put in possession of a third party pursuent to an agreement of sale dated 8th march 1957 and therefore that land ought not to be taken into account.

(2.) It was also contended that the share of the major' son who is the second petitioner before me ought to be nationally separated, even though it had not been done physically before calculating the holdings of a family unit consisting of the first petitioner and her minor daughter. The petitioner preferred an appeal which was allowed by the Maharashtra Revenue Tribunal by its judgment and order dated 25th June 1976. By this order the Maharashtra Revenue Tribunal set aside the declaration made by the authority below and remanded the case back for disposal in accordance with law. It has been mentioned to me that while so remanding the Maharashtra Revenue Tribunal discussed the only point, namely, the point relating to the inclusion of S. No. 235 in the total holdings of the petitioner If the petitioner succeeded on either of the two points,"namely, the non-inclusion of S.No. 235 and the notional partition of the Share of Sadashiv, the major son of TrimBak appa, the holding of the petitioners will be below the ceiling prescribed under the Act.

(3.) After remand, the Surplus Land Determination Tribunal made a declaration on 27th December 1976 which was in all respects in the same terms in which the declaration of 29th March was made. The petitioner again went in appeal to the Maharashtra Revenue Tribunal which this time dismissed the appeal and confirmed the order of the Tribunal below. This was done by its judgment and order dated 1 st February 1977 which has now been challenged in this petition.