The Surplus Land Determination Tribunal held, inter alia, by its order dated 30.5.1978, that the said lands which were restored to the tribal formed a part of the holding of the appellants family unit at the companymencement date i.e. 2nd of October, 1975 under the Ceiling Act and had to be included in the holding of the appellants family unit.
Hence the present appeal is filed before us.
Pursuant to this order, on 8th of August, 1977 possession of the said land was handed over to the heirs of Kisana.
The enquiry under the Ceiling Act for determining the ceiling area of the appellants family unit was held thereafter.
It, however, remanded the matters to the Surplus Land Determination Tribunal on other grounds.
For the purpose of determining the total holding of the appellant the lands which he had purchased from the Tribal Kisana were includible in his holding on the companymencement date because at that point of time, the Restoration Act had number companye into effect.
This view has been upheld by the Maharashtra Revenue Tribunal.
In the present case on 26 11 1976 the Authority under the Restoration Act passed an order and directed that the land which had been purchased by the appellant from the Tribal Kisana which is in Survey No.15, village Padha, Tehsil Kelapur, District Yavatmal be restored to the heirs of the tribal Kisana who was the original transferor.
1st of November, 1975.
The Maharashtra Restoration of Lands to Schedules Tribes Act, 1974 hereinafter referred to as the Restoration Act came into force w.e.f.
The Surplus Land Determination Tribunal held that out of the total land belonging to the family of the appellant the surplus lands held were 91.02 acres.
These lands were held by the appellant on the companymencement date under a registered sale deed.
The appellant, on and after the companymencement date, did hold lands in excess of the ceiling area.
The dispute in these appeals is companyfined to certain lands held by the appellant which he had purchased from one Kisana, a tribal under a registered sale deed dated 31.1.1958.
The Restoration Act came into effect on 1st November, 1975.
Mrs. Sujata V. Manohar, J. Delay companydoned in view of the statements made in the application for companydonation of delay.
Leave granted.
These appeals relate to proceedings under the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 hereinafter referred to as the Ceiling Act .
