JUDGMENT

VENKATARAMIAH, J.:— This. appeal by special leave is directed against the judgment and order dated July 30, 1990 of the High Court of Judicature at Bombay in Special Civil Application No. 1931 of 1975.

2. The question for consideration in this appeal is whether the proceedings commenced with the filing of a return by a person holding on the appointed day land in excess of the ceiling area prescribed by the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. (hereinafter referred to as the Act) would become infructuous and would have to be dropped if such person dies before a notification containing the declaration regarding surplus held by him is published in the official Gazette under S. 21 of the Act and possession of such surplus land is taken over by the authorities concerned.

3. An extent of land measuring. 211 A. 28 G. bearing Survey No. 34 situated in village Manori, Taluka Rahuri of Ahmednagar district in the State. of Maharashtra belonged to respondents 1 to 4 but was in the possession of their tenant by name Bhikoba on the date of the commencement of the Act, i. e. Jan. 26, 1962, which was the appointed day as defined by S. 2 (4) of the Act.

4. The Act w