Judgment

B.P. JEEVAN REDDY, J.:- First appellant-land holder filed a return of his holding under and as required by the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Act). After making the necessary inquiry, the Collector, Puna by his order dated 2nd January, 1969 held that the first appellants total holding of agricultural lands as on the relevant date was 124 acres 23 guntas ( converted into dry lands) whereas according to the Act and having regard to the number of members in his family he was entitled to hold 128 acres. Accordingly, he held that the first appellant was not a surplus holder. Notwithstanding the fact that the said order was in his favour, the first appellant filed an appeal before the Maharashtra Revenue Tribunal. His contention was that the finding of the Collector that he was holding 124 acres 23 guntas of land is not correct and that he must be held to be holding a far lesser extent. This appeal was dismissed summarily on 16-12-1971. The Tribunal did not think it fit to issue a notice even to the respondent in the said appeal. Sometime after the dismissal of the appeal, the Additional Commissioner, Puna Division issued a notice to the first app