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1981 Supreme(Guj) 117

B.K.MEHTA
SHETH CHINUBHAI CHIMANLAL – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.K.TAKVANI, M.D.PANDYA, V.S.PARIKH

B. K. MEHTA, J.

( 1 ) A short but interesting question arises as to whether a joint Hindu family of less than five persons is subject to disability of clubbing its holding of land with that of individual member thereof under the Gujarat Agricultural Lands Ceiling Act 1960 (the Act for short ). The question arises in the following circumstances.

( 2 ) THE petitioner Chinubhai Chimanlal holds agricultural lands in his individual capacity as well in the capacity of Karta of his Joint family consisting of himself his wife his minor son and minor daughter. The other members of the said Joint Hindu family namely the wife of the petitioner his minor son and minor daughter also hold lands as individuals in their individual capacity. The lands owned by the members of the said family as well as Joint Hindu family are situate within the revenue limits of village Piplaj Lambha Laxmipura and Halsol. It appears that on promulgation of the Gujarat Agricultural Lands Ceiling Act 1960 (Known hereafter as the Ceiling Act for short) proceedings were initiated under sec. 20 of the Ceiling Act read with Rule 10 of the Gujarat Agricultural Lands Ceiling Rules 1961 (known hereafter as the Ceiling Rules fo












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