JUDGMENT :- This appeal by special leave arises from the order of the Bombay High Court dated January 10, 1988 in L. P. A. No. 148 of 1986. The facts in this appeal are not disputed. The appellant was found to be in surplus of agricultural land to an extent of 45 acres 30 guntas under Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He contends that one Om Prakash has crystalised his rights to be a tenant in respect of 47 acres and 17 guntas of land and that, therefore, he is not having any surplus land. It is also alternatively contended that in the event that he is found to be owner of this land, an option may be given to him to surrender the land claimed by OmPrakash,so that he retains the land within the ceiling limit.

2. We do not find any force in either of the contentions. It is admitted in his claim statement that he claimed ownership over all the properties. It is also to be seen that when proceedings were intitiated to determine surplus land, Om Prakash sent a representation claiming the lands as tenant and when it was rejected, he allowed the proceeding to become final. By side wind Om Prakash initiated proceedings before the Mamlatdar under the Tenancy Act