BIRENDRA PRASAD SINHA, J.

1. The question for consideration in this case is whether a major son of a Muslim land-holder is entitled to a separate unit under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act).

2. A proceeding under the Act was started against the petitioner in Ceiling Case No.113/73-74. A draft statement was published declaring 185.68 acres of land of Class III as belonging to the petitioner. Out of this, 160.68 acres were declared to be surplus and the petitioner was allowed to retain 25 acres only. The petitioner then filed an objection under Sec.10(3) of the Act before the Land Reform Deputy Collector, Katihar. One of the objections was that he had a major son named Mohammad Naushad and he should also be allowed a separate unit. The learned Sub-divisional Officer, Katihar, by his order dated 27-11-1976, overruled the objections and held that the petitioners son Mohammed Naushad was not major as on 9-9-1970. The petitioner thereupon preferred an appeal before the Additional Collector, Katihar, which was numbered as Ceiling Appeal No.607/79-80. The Additional Collector held that a