Under Section 16 of the Act, a person is entitled to select the land which he wishes to retain with himself up to the ceiling area and on October 12, 1965, Dinkar exercised the said option given to him.
On November 19, 1966 the learned Civil Judge passed a partition decree.
This declaration was numberified in the Official Gazette on November 20, 1965.
dated January 16, 1962.
It is against this order that the present Appeal by Special Leave granted by this Court has been filed.
The Appellant thereupon filed under the Act a return in respect of these fields.
The said writ petition was summarily rejected.
ICH 1062 M Spl.
As required by the Act, Dinkar filed on July 26, 1962 a return showing all the lands held by him.
On September 30, 1965, the Collector determined the surplus land held by Dinkar.
The Appellant then preferred a writ petition under Article 227 of the Constitution of India before the Nagpur Bench of the Bombay High Court.
On November 19, 1985, the Collector made an order accepting the option and made a declaration stating therein inter alia the total area of land which Dinkar was entitled to hold and the area, description and full particulars of the land which was delimited as surplus land.
The fields which came to the share of the Appellant were those which had been declared as surplus lands.
This Act will hereinafter be referred to in short as the act.
XXVII of 1961 was brought into force with effect from January 26, 1962, by Government Notification in the Revenue Department No.
The Appellant thereupon filed an appeal before the Maharashtra Revenue Tribunal, Nagpur, which appeal was dismissed.
On August 6, 1965, the Appellant who was at that time a minor aged about one and a half years old, through his mother as his next friend, filed in the Court of the Civil Judge, Junior Division, Akot, in the District of Akola, a suit for partition of the joint family properties against Dinkar and the other members of the joint family.
P. Madon, J. Prior to August 6,1965, the Appellant, Sanjay Asarkar, and his father Dinkar, the Second Respondent, were members of a joint and undivided Hindu family.
The Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 Maharashtra Act No.
