This appeal filed by a tenure holder, from the State of Maharashtra, has questioned the manner of calculation of ceiling area under Section 3 3 i of the Maharashtra Agricultural Lands Ceiling on Land Holdings Act, 27 of 1961 as amended by Act 21 of 1975 hereinafter referred to as the Act .
Therefore, the ceiling authority, while calculating the ceiling area of the family, should have taken into account the liability of the family for the maintenance and marriage expenses of these daughters.
And their share in the land should have been numberionally worked out and so much of the area, as would have been found sufficient for their maintenance, should have been excluded while determining the ceiling area of the appellant.
What was claimed by the tenure holder was that he had two unmarried daughters on the relevant date.
The basis for each claim was a decision given by the Bombay High Court in Manaklal Nathmal Kalahari v. State of Maharashtra 1982 Maharashtra Law Journal 654.
It was held that at the time of carving out a numberional clause in terms of Section 3 3 i of the Ceiling Act, what the Ceiling Authority has to do is to numberionally ascertain the shares of the companyarcener as the Civil Court would have done at the time of passing of a partition decree.
