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 was passed for the purpose of imposing a maximum limit (or ceiling) on the holding of agricultural land in the State of Maharashtra; to provide for the acquisition and distribution of land held in excess of such ceiling; and for matters connected with the purposes aforesaid. Section 2 (16) of the Act defined the expression "land" as land which was used or capable of being used for purposes of agriculture and included the sites of farm buildings on, or appurtenant to such land and land on which grass grows naturally. Chap. II of the Act contained the provisions (Ss. 3 to 7) prescribed the ceiling on holding of land, Chap. III contained the provisions (Ss. 8 to 11) imposing restriction on alienation and acquisitions of land and laying down the consequences of the contraventions of those provisions, Chap. IV contained provisions (Ss. 12 to 21) for determining the extent of surplus land, Chap. V contained provisions (Ss. 22 to 26) for determination of compensation payable to expropriated persons and Chap. VI which included (Ss.. 27 to 29) dealt with the mode of distribution of surplus land amongst those who were landless and who otherwise deserved to be granted, land. These and the other provisions in the Act were enacted with the object of providing for the more equitable distribution of agricultural land amongst the peasantry in the State of Maharashtra.

5. It may be mentioned here that Chapters II and III of the Act came to be substituted by new Chapts. II and III by S. 4 of The Maharashtra Act 21 of 1975. S. 5 of the said Act, however, reads as follows :-

"5. Notwithstanding the substitution of the Chapters II and III by S. 4 of this Act all proceedings pending immediately before the commencement date in any Court or tribunal or before any authority for the purpose of determining the ceiling area in respect of any holdings and the surplus land in such holdings in pursuance of the provisions in the original Chapts. II and III shall be continued and disposed of by or under the principal Act, as if that Act had not been amended by the Amending Act, 1972; and the amount of compensation for such surplus land acquired by the State Government under sub-s. (4), or as the case may be, sub-s. (5), of S. 21 shall be at the rate provided in the principal Act as unamended by this Act.

After the ceiling area is determined and the area delimited as surplus land is declared finally under S. 21 of the principal Act, then subject as aforesaid, the provisions of the principal Act as amended by this Act shall apply to such holding and land declared as surplus land."

6. There was a further modification made in the new Chaps. II and III by the Maharashtra Act 47 of 1975. In view of the saving clause contained in S. 5 of the Maharashtra Act 21 of 1975 reproduced above this case