JUDGMENT

Deepak Gupta J.

The Maharashtra Agriculture Land (Ceiling on Holdings) Act, 1961 (for short 'the Ceiling Act') was enforced with effect from 04.08.1959 in the area in question.

2. Satwarao, predecessor-in-interest of the appellant, held huge tracts of land but did not file return under the Ceiling Act. A notice was issued to him and in response to the notice, he claimed that he only held agricultural land measuring 127 acres and 8 guntas in various villages. On inquiry, the authorities prima facie found that on 04.08.1959, Satwarao held 468.08 acres of land and notice was again sent to him. He again filed reply and set up some sales, gifts and transfers which, according to him, took place prior to the enforcement of the Ceiling Act. For the purposes of deciding this case, it is not necessary to go into all the details. It would be sufficient to state that Satwarao was found to hold 333.14 acres of land. The admitted case of the parties is that keeping in view the quality of land and the area in which it is situate, the Sub Divisional Officer (SDO) held that Satwarao was entitled to retain 114 acres of land for his family. 44.51 acres of land was deducted as 'pot kharab' land