( 1 ) THIS reference has been made by a learned single Judge of this Court and the questions that are referred to us are: (1) Whether the Civil Court has jurisdiction to entertain a suit independently of Sub-section (4) of Section 11 of the Madhya Pradesh ceiling on Agricultural Holdings Act 1960? (2) Whether for preferring an objection under Sub-section (3) of section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960, Section 5 of the Limitation Act would be applicable in view of the provisions contained in Section 29 (2) of the Limitation Act (No. 36 of 1963)?

( 2 ) THE facts giving rise to the present reference in brief are that proceedings under Section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960 (hereinafter referred to as 'the Ceiling Act') were initiated against the appellants. A draft statement was notified as contemplated in Sub-section (3) of section 11 by the Competent Authority. No objection to the draft statement had been made on behalf of the appellants within thirty days as provided for in that sub-section; but an objection petition was filed after the period of thirty days. This petition was rejected by the Competent Authority on the short ground that it was filed beyond the period prescribed under Sub-section (3) of Section 11 of the Ceiling Act and that Section 5 of the Limitation Act 1963 was not applicable to an objection petition under Sub-section (3) of Section 11 of the Ceiling Act. Aggrieved thereby the plain tiff appellants filed a suit before the Civil Court agitating certain questions of title and also challenging the order passed by the competent Authority. The trial Court as well as the lower Appellate Court held that Civil Court had no jurisdiction in view of the provisions contained in Subsection (4) of Section 11; therefore, a second appeal was preferred to this court. The learned single Judge of this Court by his order dated 17-7-1970 felt that the two questions mentioned above being questions of law of general importance should be decided by a larger Bench and referred the matter to hon'ble the Chief Justice for constituting a Larger Bench. Consequently, the matter has been placed before us.

( 3 ) SECTION 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960 reads:

"11. Preparation of statement of land held in excess of the ceiling area-- (1) On the basis of information given in the return under section 9 or the information obtained by the competent authority under Section 10, the said authority shall after making such enquiry as it may deem fit, prepare a separate draft statement in respect of each person holding land in excess of the ceiling area, containing the following particulars:- (i) the name and address of the holder; (i-a) if the holder is a member of a family, names, addresses and ages of members of the family; (i-b) if the holder, who is a member of a family has major sons, names, ages and addresses of his major sons' and land held by each of them as on 1st January, 1971; (ii) full particulars of land held by him and other members of his family within the State and the total area of such land; (iii) the total area of land which the holder is entitled to hold in accordance with the provisions of this Act; (iv) the description of land which he desires to retain; (v) the description of the land which the competent authority proposes to declare surplus; and (vi) such other particulars as may be prescribed : Provided that if the holder fails to specify the portion of land which he wishes to retain, the competent authority shall, to the extent possible, include the encumbered and improved land in the land to be retained by theholder : provided further that a joint statement may be prepared in respect of holders who are members of a joint Hindu family or who hold land jointly or as tenants-in-common. (2) The transferor shall, for the purpose of this Act, be deemed to be the holder of land the transfer of which-- (i) has been decla