BRAJVALLABH SHANKARLAL Vs. MAHARASHTRA REVENUE TRIBUNAL

JUDGEMENT

(1.) THE only question that is involved in the present petition is whether the finding which has been given by the Sub-Divisional Officer in the proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, is appealable. The Maharashtra Revenue Tribunal has by its order dated 26th April 1966 held that the appeal is not maintainable under Section 33 of the Act, The matter arises in this way.

(2.) THE respondent No. 3 Rambilas was the tenure-holder of Survey No. 5, area 22 acres 19 gunthas of mouza Aurangpur, taluq Daryapur, district Amravati amongst other property. The said Rambilas executed a deed of gift in respect of this field on 31st march 1960 in favour of the petitioner Brijvallabh. This gift deed was said to be in pursuance of a kararnama said to have been executed by Rambilas in favour of Brijvallabh on 12th of December 1958.

(3.) PROCEEDINGS under the Ceiling Act were taken against Rambilas. There was a report by the revenue authorities that on 4-8-1959 the field Survey No. 5 was of the ownership of Rambilas and for the purposes the Ceiling Act must be taken to be his. In these proceedings the petitioner Brijvallabh raised objections contending that the field was donated by Rambilas to him and it was his property. The Sub-Divisional Officer rejected his contention and held that the gift deed appeared to defeat the objects of the ceiling legislation to whatever extent possible. He held that the survey No. 5 cannot be exempted and with a view to safeguard the interest of the objector and also of the Government the landlord will retain this survey number with him in the light of the provisions Section 16 (1) of the Ceiling Act at the time of exercising his right of retaining lands with him under Section 16 (2) of the Ceiling Act. This order or the result of the enquiry was challenged by the represent petitioner before the Maharashtra Revenue Tribunal. The Revenue Tribunal held that this decision was not appealable under Section 33 of the Ceiling Act.