JUDGMENT

MADON, J. :—Prior to August 6, 1965, the Appellant, Sanjay Asarkar, and his father Dinkar, the Second Respondent, were members of a joint and undivided Hindu family. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act No. XXVII of 1961) was brought into force with effect from January 26, 1962, by Government Notification in the Revenue Department No. ICH 1062-M (Spl) dated January 16, 1962. This Act will hereinafter be referred to in short as "the Act". As required by the Act, Dinkar filed on July 26, 1962 a return showing all the lands held by him. On August 6, 1965, the Appellant who was at that time a minor aged about one and a half years old. through his mother as his next friend, filed in the Court of the Civil Judge, Junior Division, Akot, in the District of Akola, a suit for partition of the joint family properties against Dinkar and the other members of the joint family. On September 30, 1965, the Collector determined the surplus land held by Dinkar. Under section 16 of the Act, a person is entitled to select the land which he wishes to retain with himself up to the ceiling area and on October 12, 1965, Dinkar exercised the said optio