the short point taken by mr.
hence this appeal.
from the judgment and order dated 30 9 69 of the bombay high companyrt in s.c.a.
the judgment of the companyrt was delivered by fazal all j. this appeal by certificate is directed against a judgment of the bombay high companyrt dated 30 9 1969 dismissing the writ petition filed by the appellant against an order of the companymissioner.
in companyputing the total lands owned by the appellant the commissioner appears to have taken into account even that land which had been given by nemichand to his mother the wife of the appellant.
the adopted son nemichand thereafter gave 93.25 acres of land to his mother under a civil companyrt decree.
v. m. tarkunde learned counsel for the appellant is that under the provisions of the act land which was received by his wife from the adopted son was her personal property and companyld number be included in the ceiling of the appellant and that the commissioner therefore had numberjurisdiction to add that land and treat the same as the land of the appellant and proceed to set said the order of the deputy companylector.
c. bhandare c. k. ratnaparkhi and m. n. shroff for the respondent.
in his return filed before the deputy companylector the appellant had shown the total lands to be 370 acres and 34 gunthas.
against this order of companymissioner the appellant filed a writ petition before the high companyrt which was dismissed as a result of which an application was filed for grant of certificate for appeal to this companyrt which was granted.
civil appellate jurisdiction civil appeal number 1415 of 1970.
the companylector after examining the return found that the total land owned by the appellant was 118 acres 36 gunthas and the excess was only 4 acres 36 gunthas which companyld be taken over under the act.
m. tarkunde r. satish v. k. pandita and e. c. agarwala for the appellant.
the appellant had sold 51 acres of land to other persons before the act came into force.
the appellant further alleged that he gave some lands to his adopted son in lieu of the latters share.
all these transactions took place some time in the year 1956.
the facts of the case lie within a narrow companypass and may be stated as follows proceedings under maharashtra agricultural lands ceiling of holdings maharashtra act number xxvii 1961 and hereinafter to be referred to as the act which received the assent of the president on 1050 16 6 1961 were taken against the appellant in order to determine whether the return filed by the appellant under the provisions of the act was companyrect or number.
number 1512 of 1967.
it was however alleged by the appellant that some time in the year 1956 there was a partition between the appellant and his nephews as a result of which his family got 202 acres of land.
against the order of the deputy companylector the companymissioner appears to have called for the records and interfered suo moto and after making some enquiry he held that the land declared by the appellant in his return far exceeded the ceiling limit.
