JUDGEMENT :- The appellant before me in this first appeal, since deceased, was the plaintiff in the trial Court who had filed the suit in question for declaration that the order passed by the Deputy Collector (Ceiling), Nanded, dated 31st August 1965, holding that the plaintiff was a surplus holder of an area to the extent of 52 acres and 39 Gunthas of land was illegal, null and void. He also attacked that part of the same order by virtue of which the Deputy Collector did not give the plaintiff an opportunity to select Survey Nos. 76, 77 and 31/A ad-measuring 59 acres and 65 Gunthas in all to be declared as surplus area. The suit has been dismissed by the trial Court. Hence this appeal.

In this appeal initially Mr. Deo struggled to contend that the said piece of land under Survey Nos. 76, 77 and 31/A could not be said to be belonging to the plaintiff having regard to the provisions of Section 14 of the Hindu Succession Act, 1956. In the alternative, he contended that even assuming that those lands were not the separate property of the plaintiff's wife and even assuming that those lands were to be included in the total area of land held by the plaintiff for determining surplus land h

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