JUDGMENT

This appeal is directed against the judgment and order of the Bombay High Court dated 27-2-1975 passed in Special Application No. 961 of 1970 (Reported in AIR 1976 Bombay 94).

2. Wasudeo the first respondent owned 179 acres and 19 Gunthas of land in the State of Maharashtra. On 8-11-1961 Milind the second respondent was born to Wasudeo. On January 26, 1962 the Maharashtra Agricultural Lands (Ceiling on Holdings Act) 1961 (hereinafter referred to as the Act) came into force and that date is the"appointed date"for its working. The scheme of the Act is to determine the ceiling of each person, including that of a family, with reference to the appointed date. The ceiling limit so fixed is not liable to fluctuations ordinarily. Wasudeo filed a return of his holdings as required under the Act but it is not clear on the present record in what capacity whether as an individual or as head of his family. His son Milind filed a suit for partition in the Civil Court on 13-10-1965 claiming himself to be a member of the Hindu Joint Family consisted of himself and his father. That suit was decreed on 23-3-1967 holding that Milind was entitled to half share of the property by metes and boun