( 1 ) BY this Judgment the connected First Appeal No. 88/1972 (Smt. Dinoobai v. State of M. P.) is also disposed of as identical questions arise in both these appeals. Though these 2 appeals arise out of 2 different suits by 2 sisters but the suits were consolidated and common judgment has been passed. These suits are for declaration under Section 11 (5) of the M. P. Ceiling on Agricultural holdings Act, 1960, (hereinafter referred to as the Act) to have the orders passed by the competent authority set aside.

( 2 ) IT is not in dispute that late Cowasji, who died in the year 1948, owned 718. 20 acres of lands in different villages of Murwara Tahsil of Jabalpur District. He left behind his widow Gulbai, 3 sons Timrasji, Bejanji and Dorabji and 2 daughters Dhanbai and Dinoobai. It is also not in dispute that they are Parsis and governed by the provisions contained in Chapter III of Indian Succession act, 1925. Two Revenue cases Nos. 74 (A-90 ). B-III of 63-64 (State v. T. C. Bajan Malguzari Accounts Katni) and 82 (A-90) III of 63-64 (State v. Bejonji)were started in respect of these 718-20 acres of lands by the Sub-Divisional officer, Katni, who is the competent authori