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1994 Supreme(SC) 1161

K.RAMASWAMY, K.S.PARIPOORNAN
Sooraj – Appellant
Versus
S. D. O. Rehli – Respondent


Advocates:
RANJIT GHOSAL, S.S.Khanduja

JUDGMENT

 This appeal by special leave arises from the judgment and decree of the High Court of Madhya Pradesh at Jabalpur in Second Appeal No. 354/79, dated 3-9-1981. The appellants are the plaintiffs. They are the major daughters of one Ratan Singh who was the Bhoomidar of the lands in Khasra Nos. 36, 54, 146, 151, 165, 258 and the respective Rakwas mentioned therein of a total of 41.49 acres. Ratan Singh died in 1960. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 had come into force which provides for fixation of ceiling on the holding of the agricultural lands. The first defendant, Sub-Divisional Officer, Rahli, Tehsil Rehli, determined that the widow of Ratan Singh was entitled to only 10.38 acres of land and the rest of the land was declared to be surplus vide his proceedings dated 1-3-1976. The appellants challenged the validity of that order in Civil Suit No. 34A/76. The declaration sought therein was that "the plaintiffs pray that the suit of the plaintiff for declaration be decreed and be declared that in the lands mentioned paragraph 1, plaintiffs have 3/4th share and defendant No. 1 (the mother) has 1/4th share and the order dated 1-3-1976 passed by the












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