JUDGMENT  

Substitution allowed.

2. This appeal by special leave arises from the judgment of the Bombay High Court in Special Civil Application No. 1097 of 1968 dated April 26, 1972. The respondents filed an application under S. 32G of the Bombay Tenancy & Agricultural Lands Act, 1948, (for short, the Act) to determine the price payable to the respondents to purchase 8 acres 26 guntas of land which was admittedly in his possession as a tenant. The Tribunal below under the Act found that the respondent No. 1, was in possession of 54 acres of land. In other words, in excess of 48 acres which in the ceiling limit prescribed under the Act. Therefore, he was not entitled to purchase the land in question from the appellant. The High Court found that the conclusion reached by the Tribunals was vitiated by personal law, namely, Hindu Law and also by evidence on record.

3. We are concerned in this case with the land held by the respondents minor son to the extent of 7 acres 34 guntas and the land said to have been allotted to the share of his brother by name, Ram Chander, at a partition between them. The High Court has held that by operation of provisions of S.328, of the Act, the land which t