SH. KISHANDAS KANHAIYALAL GANDHI versus STATE OF MAHARASTRA AND ANR.

Citation: [1995] 2 S.C.R. 423 · Decided: 01-03-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Dismissed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

SH. KISHANDAS KANHAIYALAL GANDHI 
v. 
STATE OF MAHARASTRA AND ANR. 
MARCH 1, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.J 
Maharastra Agricultural Lands (Ceiling on Holdings) Act, 1961-Ex-
clusion of lands which were under the possession of Tenant under Tenancy 
Act-Held cannot be excluded from owners' holding. 
The appellant was found to be in surplus of agricultural land to an 
extent of 45 acres 30 guntas under Maharastra Agricultural Lands (Ceil· 
ing on Holdings) Act, 1961. The contention of the appellant" was that he 
was not having any surplus land as the tenant has crystalised his rights 
A 
B 
c 
to be a tenant in respect of 47 acres and 17 guntas of land. It was D 
alternatively contended that in the event that he is found to be owner of 
this land, an option may be given to 'him to surrender the land claimed by 
j 
tenant so that he retains the land within the· ceiling limit. It was further 
contended that the tenant was in possession of the land and the appellant 
had no right over those lands under the Tenancy Act, as he lost his right 
·· as owner and therefore such land cannot be included as his holding. High E 
Court rejected the contention of the appellant. Aggrieved by the order, the 
_/ 
. appellants preferred the present appeal. 
Dismissing the appeal, this Court 
HELD: All the proceedings were initiated by the tenant of the appel· 
lant only after the appellant submitted his statement claiming those 
properties. The tenant allowed the orders made under the Act rejecting his 
claim as tenant to become final. The same land would not be excluded on 
F 
the premise that the tenant became deemed owner/tenant by operation of G 
orders made under the Tenancy Act. therefore, without going into the 
legality of the finding recorded by the Tribunals under Tenancy Act, the 
appellant remains to be the owner so far as the Ceiling Act is concerned 
and, therefore, the land cannot be excluded from his ownership or holding; 
nor liberty be given to surrender the lands aid to be in possession of the 
tenant. [424-H, 425-A-B] 
H 
423 
424 
SUPREME COURT REPORTS 
(1995) 2 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION: Civil Appeal No.~ of 
1988. 
From the Judgment and Order dated 6.1.1988 of the Bombay High 
Court in LP.A. No. 148 of 1986 . 
. B 
U .R. Lalit and U .R. Lalit for the· Appellant. 
c 
A.S. Bhasme and Ashok K. Gupta (NP) for the Respondents. 
The following Order of the Court was delivered: 
This appeal by special leave arises from the order of the Bombay 
High Court dated January 10, 1988 in L.P.A. No. 148 of 1986. The facts in 
this appeal are not disputed. The appellant was found to be in surplus of 
agricultural land to an extend to 45 acres 30 guntas under Maharashtra 
Agricultural Lands (Ceiling on Holdings) Act, 1961. He contends that one 
Om Prakash has crystalised his rights to be a tenant in respect of 47 acres 
and 17 guntas of land and that, therefore, he is not having any surplus land. 
It is also alternatively contended that in the event that he is found to be 
owner of this land, an option may be given to him to surrender the land 
claimed by Om Prakash, so that he retains the land within the ceiling limit. 
E 
We do not find any force in either of the contentions. It is admitted 
in his claim statement that he claimed ownership over all the properties. It 
is also to be seen that when proceedings were initiated to determine surplus 
land, Om Prakash sent a representation claiming the lands as tenant and 
when it was rejected, he allowed the proceedings to become final. By side 
wind Om Prakash initiated proceedings before the Mamlatdar under the 
F Tenancy Act claiming to be a tenant. In those proceedings State was not 
a party. He was found to be a tenant under the appellant and he was said 
to be in possession of lands. It is also claimed that the appellant filed an · 
application before the competent authority that Om Prakash was in un-
authorised occupation and the authority found against the appellant. 
G 
On the abovesaid facts, it is contended that as Om Prakash was in 
possession of the land and the appellant had no right over those lands 
. under the Tenancy Act, he lost his right as an owner. Therefore, self same 
land cannot be included as high holding. We do not find any force in this 
contention. As seen, all the proceedings were initiated by Om Prakash only 
H after the appellant submitted his statement claiming those properties. He 
)1·· 
I 
K.K. GANDHI v. STAIB OFMAHARASHIRA 
42
Excerpt shown. Read the full judgment & AI analysis in Lexace.