(B.R. Gavai, J.)

1. The appeal takes exception to the judgment and order passed by the learned Single Judge dated 29th July, 1998 thereby dismissing the petition filed by the present appellants challenging the order passed by the respondent no.2 by which they had challenged the order dated 15 th June, 1994 passed by the respondent no.3 declaring 63 acres of land of the appellants as surplus land.

2. One Dadaji Deorao Mahalle is the original land owner. He had his wife Kausalyabai and two sons namely Janrao and Haribhau. It appears that in a Ceiling Case No.93/60-A(5)/1964-65 it was pleaded by the appellants that there was a partition amongst them, however, the learned Surplus Land Determination Tribunal vide order dated 1st January, 1988 held that the said partition was hit by the provisions of Section 8 of the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961 (hereinafter for short ‘Act’). It was, therefore, held that the land holder Dadaji Deorao Mahalle (since expired) was entitled to hold 108 acres of land and 0.50 acres was declared to be surplus. It appears that being arrived thereby the legal heirs of the said Dadaji, preferred a revision before the l