PATNAIK, J.

( 1 ) REFERENCE of these two applications, one by the father Nityananda (O. J. C. No. 262 of 1977) and the other by his sons Prakash Guru and others (O. J. C. No. 266 of 1977), has been made to resolve if the lands allotted to members of the erstwhile Hindu joint family on partition can be dubbed for the purpose of determining the ceiling area under Chapter IV of the Orissa Land Reforms Act, 1969 (hereinafter referred to as the 'act' ).

( 2 ) ADMITTEDLY Nityananda has three sons and three slaughters. Admittedly none of the sons was major and married on 36-9-1970, the appointed day under Section 37 (b) of the Act. By a registered deed of partition dated 31-121965/13-1-1986, the lands in village Gunderpur were allotted to the shares of the sons and the daughters.

( 3 ) A suo motu proceeding under Section 42 of the Act was started by the Revenue Officer against Nityananda and the draft statement was published on 30-9-1975 in O. L. R. Ceiling Case No. 98 of 1975. Nityananda filed his objection stating that the lands in village Gunderpur were not available for being proceeded against in the ceiling proceeding started against him as by then by the above mentioned partition