Shevantabai.
They pleaded inter alia that upon the death of their husband Sukhdeo they effected a partition of their holding on January 1, 1962 as recited in the registered partition deed dated September 20, 1962 whereby Smt.
He was possessed of 135 acres of land which devolved on his two widows in equal shares.
On September 12, 1963, the Sub Divisional Officer issued a numberice to Sukhdeo under Section 13 of the Ceiling Act calling upon him to show cause why he should number be penalised for number filing a return.
Banabai and Smt.
Banabai was allotted 70.11 acres and Smt.
Shevantabai 71.37 acres.
Shevantabai, the respondents hear in filed their written statement denying that there was any surplus land.
In response to the numberice, his two widows Smt.
Banabai and Smt.
Briefly stated, the facts are that the landholder Sukhdeo died on December 29, 1961 i.e. prior to the appointed day, leaving behind him his two widows Smt.
P. Sen, J. In this case, the only question is whether even though the landholder Sukhdeo Shelke died on December 29, 1961 i.e. prior to January 26, 1962, the appointed day as specified by Section 2 4 of the Act, his two widows having succeeded to 135 acres of land left by him being members of a family as denned in Section 2 11 of the Act and therefore they would companystitute one family unit and take a single ceiling area i.e. 85 acres in all, as provided by Section 3 1 of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961.
