JUDGMENT - V.A. MOHTA, J.:---By consent of parties we have formulated the following three points for consideration in this reference :

(1) Whether the terms "the object of the Amending Act, 1972" in section 10(1) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, means the Amending Act as Amended by Act No. 47 of 1975 ?

(2) Whether section 10(1) is attracted in respect of a transfer between 26-9-1970 and 2-10-1975 by a "member of a family unit". Who separately held land prior to 26-9-1970 ?

(3) Whether in case of a family unit in existence on 2-10-1975 section 10(1) is attracted in respect of a transfer between 26-9-1970 and 2-10-1975 by a "member of a family unit" whose individual holding is below the ceiling limit but aggregate holding of the family unit is in excess of the ceiling limit on the commencement date ?

2. The basic factual backgrounds :

A. "family unit" consisted of Madhukar Patil, his wife Sau. Mandakini and a minor son Manoj. All the three members of the family unit separately held, since before 26-9-1970, near about 116 acres, 56 acres and 57 acres of land respectively. Considering the extent of Pot-Kharab land of Mandakini and Manoj they held land

Click Here to Read the rest of this document