Judgment

THAKKAR, J. - In the course of an exercise in interpretation of a provision*, complains the appellant-State, the High Court has misinterpreted the said provision which had been correctly interpreted by the Tribunal**. The debate in the present appeal has centred on this plea the meritlessness of which will become evident presently.

* Section 6(3-B) of Gujarat Agriculture Land Ceiling Act of 1960.

** Gujarat Revenue Tribunal.

2. The provision in question viz, Section 6(3-B) is embodied in Chapter III of the Ceiling Act which bears the caption "Fixation of Ceiling on Holding Land, Determination of Surplus Land and Acquisition thereof". The concerned provision in so far as material to the problem posed by the present appeal deserves to be quoted

"6 (3-B) Where a family or a joint family consists of more than five members comprising a person and other members belonging to all or any of the following categories, namely

(i) minor son,

(ii) widow of a pre-deceased son,

(iii) minor son or unmarried daughter of a pre-deceased son, where his or her mother is dead.

such family shall be entitled to hold land in excess of the ceiling area to the extent of one-fifth of the ceiling area for each