ORDER

This appeal by special leave arises from the judgment and order of the Karnataka High Court made on November 17,1989 in Writ Appeal No. 1830/84. The admitted position is that under Section 66 of the Karnataka Land Reforms Act, 1961, as amended by 1974 Amendment Act (for short, the Act ) the ceiling area has been determined as 54 acres. The appellant had in his possession 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28(2) in Ankalagi Village in Bijapur taluk. By a registered exchange deed dated August 18, 1971, the appellant had exchanged 28 acres 10 gunthas of land with Gurappa Bhimaraya Birdar s 30 acres 24 gunthas of land in Survey No. 175 of the same village. Earlier, he had total extent of 43 acres 16 gunthas and by virtue of the exchange deed, he had 45 acres 30 gunthas. Thus, he remained within the ceiling limit of rural land.

2. The question that arises is : whether the 30 acres 24 gunthas of land obtained by the appellant in exchange of 23 acres 10 gunthas could be included in his total holding of 43 acres 16 gunthas ? The High Court relying upon the explanation to sub-section (10) of Section 63 construed that since the appellant had 30