JUDGMENT

FAZAL ALI, J.:—This appeal by certificate is directed against a judgment of the Bombay High Court dated 30-9-1969 dismissing the writ petition filed by the appellant against an order of the Commissioner.

2. The facts of the case lie within a narrow compass and may be stated as follows :

Proceedings under Maharashtra Agricultural Lands (Ceiling on Holdings) Act (Maharashtra Act No. XXVII of 1961) (and hereinafter to be referred to as the Act) which received the assent of the President on 16-6-1961 were taken against the appellant in order to determine whether the return filed by the appellant under the provisions of the Act was correct or not. In his return filed before the Deputy Collector, the appellant had shown the total lands to be 370 acres and 34 gunthas. It was however alleged by the appellant that some time in the year 1956, there was a partition between the appellant and his nephews as a result of which his family got 202 acres of land. The appellant had sold 51 acres of land to other persons before the Act came into force. The appellant further alleged that he gave some lands to his adopted son in lieu of the latters share. The adopted son Nemichand thereafter gave