Case: State of Maharashtra Vs. Vyasendra

That question arises in this appeal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 27 of 1961, (Therespondent Vyasendra filed a return under section 12 of the Act showing the lands held by him and mentioning that certain lands which stood in the name of his wife were her separate property. The Surplus Lands Determination Tribunal held under section 21 of the Act that the total holding of the respondent, including the land which was alleged to be the separate property of his wife, was 67 acres and 34 gunthas. Since the ceiling under the Act is 54 acres, the respondent was asked to surrender an area ad measuring 13 acres and 34Additional Commissioner, Aurangabad, called for the record and proceedings of the Tribunal suo motu. The respondent contended in those proceedings that an area of 17 acres and 27 gunthas which was so ld by his wife after the notified date, was wrongly included in the holding of the family unit on the basis that the sale was mala fide and was not supported by legal necessity. By an order dated January 16, 1979 the Additional Commissioner remanded the matter to the Tribunal for a fresh inquiry into the question as to whether the sale of land effected by the respondents wife after the notifiedwas supported by legal necessity. The contention was that the respondents wife had so ld the land in order to meet the medical expenses in connection with her illness.The respondent filed a writ petition (No. 1117 of 1979) in the High Court of Bombay against the judgment of the Additional Commissioner. The contention of the respondent before the High Court was that the Additional Commissioner should have remanded the proceedings to the Tribunal not only for the purpose of determining whether the respondents wife had sold the land for the purpose of legal necessity but also for the purpose of determining whether the land which stood in the name of the respondents wife constituted her separate or Stridhan property. This contention was accepted by the High Court which, by its judgment dated April 25, 1979 enlarged the scope of the remand by directing the Tribunal to inquire also into the question as to whether the land which stood in the name of the respondents wife was her separate property. The correctness of the judgment of the High Court is challenged by the State of Maharashtra in this appeal.By an orderMarch 8, 1983 this Court had issued a show cause notice to the respondent stating therein that the matter will be finally heard and disposed of at the next hearing. The show cause notice has been served on the respondent but he has not put in his appearance.

Reasoning: The circumstance that the land held by a constituent member of the family unit is separate property or stridhan property is a matter of no consequence whatsoever for the purpose of determining the ceiling area which the family unit can retain. The respondent, his wife and their minor sons and minor unmarried daughters, if any, are all constituent members of the family unit and all the lands held by them have to be pooled together for the purpose of determining the ceiling area which is permissible to the family unit. The nature or character of their interest in the land held by them is irrelevant for computing the ceiling area which the family unit may retain. The High Court was therefore in error in directing the Tribunal to inquire into the question as to whether the land which stood in the name of t he respondents wife and which was sold by her was her personal or separate property. Assuming it was so, it is still liable to be aggregated with the land held by the respondent.In the result, we allow the appeal, set aside the judgment of the High Court and confirm the order of remand passed by the Additional Commissioner, Aurangabad. The Surplus Lands Determination Tribunal will inquire into the limited question referred to it by the Additional Commissioner, Aurangabad, only.