LAWS(ORI)-1981-10-25

ANANTA CHARAN DAS Vs. TAHASILDAR AND ORS.

Decided On October 19, 1981
Ananta Charan Das Appellant
V/S
Tahasildar And Ors. Respondents

JUDGEMENT

(1.) CEILING surplus holder under the provisions of the Orissa Land Reforms Act is the Petitioner. He challenges the determination of the surplus area of 8.06 acres of land and the direction that the same should vest in the State.

(2.) OF the two other contentions which have been canvassed before us, we shall deal with the question of partition first. According to Mr. Das, the partition has been evidenced by a document and the claim is reinforced by a decree. Learned Government Advocate, however, answers the argument by saying that the definition of 'family' given in Section 37(b) of the Act has overloading effect and unless the partition as claimed by the Petitioner answers the definition even if there be separation, the separated members shall be taken as belonging to a family. There is force in this submission. On the facts as found, particularly the finding recycling the factum of marriage and the age of the co -sharers, we do not think, we can interfere with the finding recorded by the fact -finding authorities as to the age of the co sharer -sons and the factum of they being married.