Judgment

SEN, J.:- In this case, the only question is whether even though the landholder Sukhdeo Shelke died on December 29, 1961 i.e. prior to January 26, 1962, the appointed day as specified by S. 2(4) of the Act, his two widows having succeeded to 135 acres of land left by him being members of a family as defined in S. 2(11) of the Act and therefore they would constitute one family unit and take a single ceiling area i.e. 85 acres in all, as provided by S. 3(1) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

2. Briefly stated, the facts are that the landholder Sukhdeo died on December 29, 1961 i.e. prior to the appointed day, leaving behind him his two widows Smt. Banabai and Smt. Shevantabai. He was possessed of 135 acres of land which devolved on his two widows in equal shares. On September 12, 1963, the Sub-Divisional Officer issued a notice to Sukhdeo under S. 13 of the Ceiling Act calling upon him to show cause why he should not be penalised for not filing a return. In response to the notice, his two widows Smt. Banabai and Smt. Shevantabai, the respondents herein filed their written statements denying that there was any surplus land. They pleaded inter