Judgement

Mrs. SUJATA V. MANOHAR, J.:-Delay condoned in view of the statements made in the application for condonation of delay.

2. Leave granted.

3. These appeals relate to proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as the Ceiling Act). The Surplus Land Determination Tribunal held that out of the total land belonging to the family of the appellant the surplus land held were 91.02 acres. The dispute in these appeals is confined to certain lands held by the appellant which he had purchased from one Kisan, a tribal under a registered sale-deed dated 31-1-1958.

4. The Maharashtra Restoration of Lands to scheduled Tribes Act, 1974 (hereinafter referred to as the Restoration Act) came into force w. e. f. 1st of November, 1975. Section 3 of the Restoration Act provides as follows :-

"Section 3 (1) : Where due to transfer -

(a) the land of a Tribal-transferor is held by a non-Tribal transferee of

(b)..........................

and the land so transferred is in possession of the non-Tribal transferee, and has not been put to any non-agricultural use on or before the 6th day of July, 1974, then notwithstanding anything contai