PANDIT RAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are inter-related. The deceased Panditrao-Petitioner no. 1 was the father of the petitioners no. 2 and 3. Petitioners 1-A to 1-F are brought on record as legal heirs of deceased Panditrao. In an enquiry under the Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961, the Petitioner no. 1 was found surplus to the extent of 70 Acres 24 Gunthas by the S. L. D. T. , Bhokardan.

(2.) TWO appeals came to be filed against the decision of S. L. D. T. ; one by deceased Panditrao and another appeal by his two sons petitioners no. 2 and 3 before the M. R. T. cross-objections were also filed by the State in respect of excluding an area of 43 Acres 1 Guntha form S. No. 6 of village Pangulgaon and S. No. 45 of village Mirgaon. This area was excluded by S. L. D. T. on the ground that this land was [purchased by shivaji son of Panditrao and, therefore, it was not a family property of panditrao. The cross-objection was filed by the State challenging the exclusion of an area of 43 Acres 1 Guntha from the holding of Panditrao.

(3.) THE learned member of the M. R. T. heard both the appeals and cross-objections and came to the conclusion that Panditrao is surplus to the extent of 59 Acres 22 Gunthas only. While holding Panditrao as surplus, the land which stood in the name of Shivaji and which was excluded by the Tribunal as not belonging to the joint family was included in the holding of Panditrao by the Revenue Tribunal.