JUDGMENT - 1. By this petition the petitioner, who is the landlord of respondent No.1. challenges the decision of the Maharashtra Revenue Tribunal dated October 31. 1967, dismissing his appeal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 on the ground that, in calculating the holdings of respondent No. 1. the Deputy Collector had wrongly excluded the lands belonging to the petitioner from the said holding and this ground was not allowed to be agitated in appeal before the Revenue Tribunal.

2. By his order dated June 29, 1967, the Special Deputy Collector (Land Ceiling).G.S.Mills No. 1. Kopargaon, excluded S. Nos. 306/1, 30306/2 and 305/3 belonging to the petitioner on the ground that these lands ceased to be in actual possession of respondent No. 1 under a decree for partition passed in favour of his son observing as follows:

".... From the evidence already recorded I was also at one time inclined to treat the Civil Court decree as a collusive proceeding between interested parties, not borne out by facts and had a mind to ignore it and to come to the conclusion that there was no partition at all as alleged by the holder, but the family was joint. I had tak

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