GURUSHARAN SHARMA, J. - (1.) 5405.20 square meters vacant land, bearing R.S. Plot No. 54, situated in Ranchi town said to be belonging to the petitioners was declared surplus, under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter to be referred to as 'the Act ').
(2.) ACCORDING to the petitioners, Satya Narayan Khemka along with his two sons, Laxmi Kant Khemka and Vishnu Kant Khemka, constituted a joint family. From the joint family fund, 1.87 acres land of R.S. Plot No. 54, appertaining to Khata No. 7, situated in village Gari, within Ranchi town was purchased by two registered sale deeds dated 4.10.1994, Annexures 1 and 1/A in the name of Vishnu Kant Khemka. Subsequently, in the year 1975, there was an amicable oral partition of the said 1.87 acres land, wherein 1994.75 square meters land was allotted to Satya Narayan Khemka, 1988 square meters to Laxmi Kant Khemka and 1988 square meters to Vishnu Kant Khemka, i.e. total 5970.75 square meters and the rest 1555.75 square meters was kept joint for being used as road for ingress and egress. In respect of the said oral partition, on 31.3.1975 a memorandum of partition was also prepared, which was duly signed by all the three parties.
(3.) A proceeding under the Act was initiated only against Vishnu Kant Khemla. He filed return (Annexure 3) on 30.9.1976, under Section 6(1) of the Act, wherein for the aforesaid 5970.75 square meters area of vacant land, he claimed three ceiling units for himself, his father and elder brother.;