S.S.SANDHAWALIA, S.SHAMSUL HASAN, LALIT MOHAN SHARMA, B.P.JHA, HARI LAL AGRAWAL
State Of Bihar – Appellant
Versus
K. M. Zuberi – Respondent
S.S.SANDHAWALIA, J.
1. The three significant issues, which emerge in this reference to the large-Bench, deserve a somewhat precise formulation in the terms following :
1. Whether the personal law applicable to the family has to be taken into consideration for the determination of its holding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, despite the insertion of cl.(ee) and Explanation II thereto in S.2 of the said Act?
2. If the major sons of a family governed by the Mitakshara School of Hindu Lal are entitled to a separate unit under the said Act, then would a major son of a family governed by Mohammadan Law be debarred therefrom?
3. Whether the Full Bench in Imamul Hasan Choudhary V/s. State of Bihar 1982 BBCJ (HC) 208 : (AIR 1982 Pat. 89) lays down the law correctly on the aforesaid points?
2. The relevant facts lie in a narrow compass. The total area of land held by respondent 2, the land-holder Aftab Ahmad and his family was shown in the draft publication as 50.82 acres. In the ceiling proceeding the respondent land-holder in his objection petition laid claim to one additional unit for his adult son, Faiyaz Ahmad. Th
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