JUDGMENT - Padhye, J.

1. The facts in the two cases slightly differ, but that does not make any difference in the legal position to be considered in these two cases and hence both these special civil applications are disposed of by this common judgment.

2. In Special Civil Appln. No, 1026 of 1966 one Parwatabai, wife of Pundlikrao Gawande, owned 114 acres and 38 acres of land at various village in taluq Akot, District Akola The ceiling area for dry crops land in this area is 78 acres. That was the land held by Parwatabai as on 4-8-1959 and she continued to hold the same till 26-1-1962. Parwatabai submitted the return, as required by Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter called the Ceiling Act) on 26-7-1962. On this return enquiry was started by the Deputy Collector, Akot and during the pendency of this enquiry, the holder Parwatabai died on 3-9-1963, Before her death, however, she executed a will on 1-9-1963 under which the present petitioners Dadarao, sons of Kashiram and Janabai wife of Rambhau were made the legatees of this area. On the death of Parwatabai Janabai and Dadarao both contended that each of them held an area les

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