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2006 Supreme(Raj) 2363

P.S.ASOPA
Kastoor Chand – Appellant
Versus
B. O. R. – Respondent


Advocates Appeared
Kamlakar Sharma, for Petitioner;
H.V. Nandwana, Addl. Govt. Advocate, for State

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case pertains to land ceiling laws and the determination of surplus land in the context of ancestral property and partition (!) (!) .

  2. The legal provisions relevant to the case include sections related to the definition of 'family', 'holding', and the method of calculating shares of coparceners in ancestral land, specifically under the Rajasthan Tenancy Act, 1955, and the Rajasthan Tenancy (Fixation of Ceiling on Land) Rules, 1963 (!) (!) (!) (!) (!) (!) (!) .

  3. The core legal issue involves whether a coparcener is entitled to determine their deemed share in ancestral land, especially when a partition decree was passed after the relevant date, and whether such partition affects the calculation of surplus land under ceiling laws (!) (!) .

  4. The case emphasizes that partition of coparcenary property is not considered a transfer but a division of joint rights, which should be recognized for ceiling calculations if effected before the notified date (!) (!) .

  5. It is established that a member of a joint Hindu family can seek partition during the lifetime of the family head, and such partition is not a transfer that defeats ceiling provisions (!) (!) (!) .

  6. The legal position clarifies that in ancestral land, coparceners, including grandchildren, are entitled to their individual equal shares, which should be determined based on their rights as of the relevant date, and such shares are to be clubbed for the purpose of calculating the ceiling area (!) (!) .

  7. The authorities must conduct an enquiry into dependency and whether the land was ancestral, as well as properly determine the notional shares of each coparcener, including grandchildren, to accurately assess surplus land (!) (!) .

  8. The judgment underscores that the land held in joint Khata does not necessarily negate the ancestral nature of the property, and the legal rights of coparceners to seek partition during the relevant period are recognized (!) (!) .

  9. The case also highlights procedural errors committed by authorities, such as excluding major members from dependency considerations without proper enquiry, and failing to determine the notional shares as per the applicable legal provisions (!) (!) .

  10. The final order involves remanding the case for re-determination of the notional shares, family units, dependency status, and the overall ceiling area, within a specified period, ensuring proper legal procedures are followed (!) (!) .

Please let me know if you need further analysis or specific legal advice based on these points.


Honble ASOPA, J.—By the instant writ petition, the petitioner has challenged the order dated 5.1.1994 passed by the Board of Revenue as well as order dated 31.12.1991 passed by Additional Collector Kota and has further prayed that ceiling proceedings taken against Gopi Lal may be ordered to be dropped.

2. The facts, in brief, of the case are that ceiling proceedings under Old Ceiling Law were initiated against Gopi Lal and authorised officer SDO, Kota vide its judgment dated 30.12.1971 held that there was no surplus land in excess of the ceiling area and considering the fact of unequal partition amongst 7 coparceners vide decree dated 7.8.1967 and further considering the fact Dhanna Lal s/o Gopi Lal died 3 or 4 years back, therefore, ceiling proceedings were ordered to be dropped. It has also come on record in the partition decree (Annexure-6) dated 7.8.1967 that on that date Dhanna Lal was alive, but on the date of passing of the said judgment dated 30.12.1971, he was not alive. On coming into force the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter to be referred as "the Act of 1973"), the ceiling proceedings were again initiated and vide order dat












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