JUDGMENT

Pattanaik, J.-This appeal by the State of Bihar raises the question whether major sons of a family governed by Mohammedan law are entitled to a separate unit while determining the ceiling area of a ceiling surplus holder ? In the ceiling fixation case of a land holder Aftab Ahmed, the Member, Board of Revenue came to the conclusion that an adult son of a land holder governed by Mohammedan law would be entitled to a separate unit since an adult son of a land holder governed by. the Mitakshara School of Hindu Law is entitled to the same. The State of Bihar challenged the said decision in Patna High Court by filing a Writ Petition and when the matter came up before a Division Bench, in view of the significance of the matter the Division Bench referred the matter to a larger Bench and the case was heard by five judges of the Court. The majority view was expressed by Chief Justice Sandhawalia, as he then was, and the minority views were those of Justice H.L. Agarawal, as he then was, and Justice L.M. Sharma, as he then was. Three questions were formulated by the Court, those questions being :

"1. Whether the personal law applicable to the family has to be taken into consideration