K.S.Raghupathi, J. - (1.)THIS is a revision on the motion of the Land Reforms Commissioner under Section 59(2) of the Orissa Land Reforms Act.
(2.)DURING the hearing three points have come up for decision -
(i) Would individuals recorded jointly in respect of a holding constitute a body of individuals forming one "person".

(ii) Would lack of notice in terms of Rule 30(2) to each of the individuals forming a "body of individuals" be a material irregularity vitiating subsequent proceedings, and

(iii) Would Section 5 of the Limitation Act apply to filing of appeals under Sub -section (2) of Section 44.

Sriram Mahakud who was asked to file a return under Section 40 -A filed a petition to explain that the lands held by him both as a landholder and as a raiyat did not together exceed ten standard acres. The Revenue Officer took into account lands held jointly with a number of other people, clubbed them, prepared a draft statement under Section 43(1) and determined the ceiling treating all the persons as one "person" entitled together to only one ceiling.

(3.)OF the lands taken into account in determining the ceiling area, Acres 40.49 were Bhogra land out of Khata No. 4 which had vested in the State Government on 1 April 1966. They were settled jointly with Sriram Mahakud and four others under orders passed on 17 January 1974 in Case No. S A 568 of 1967. The four others were a brother a maternal cousin, an aunt and the husband of another aunt as in the table below Neta Bewa widow of Gobinda Kheti Debaki Sri Ram (1) Krushna (2) Dhira Mahargu Karna (3) Sukruta (4) Sarita m Khageswar (5) Another Acs. 9.22 of Khata No. 35 were raiyati lands jointly recorded in the names of Sriram Mahakud and Krushna Mahakud. Some other lands in Khatas 3. 26 and 31 were left out on the ground that they "do not come under this ceiling".