Judgment

HEGDE, J:- This case illustrates the consequence of entrusting judicial work to those who had no judicial training and back-ground. A simple question whether the family of the respondent was divided or undivided has been pending decision for about 20 years.

2. One Jethaji was the girasdar holding a giras estate known as Manghani Taluka. That giras is a part of Kotdasanghani Mahal. Jethaji had three sons (1) Jesangji; (2) Arjunsinji and (3) Mohansinhji. On the death of Jethaji, the giras devolved on his sons. Arjunsinhji died in or about 1945 leaving behind his two sons Pradyumansinhji and Balwantsinhji. The case of the respondent and his brother was that the giras had been divided between their father and their two uncles sometime in 1938 though Rajkam in that respect was executed only on October 20, 1950. On September 1, 1951, all giras estates were abolished under the Saurashtra Land Reforms Act (to be hereinafter referred to as the Act). Thereafter the girasdars were only entitled to certain limited area as their gharkhed. If the family is held to be undivided then that family as a unit can get one gharkhed land but if that family is held to be divided on the date the Act