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PETITIONER: RAMENDRA SINGH

       Vs.

RESPONDENT: STATE OF MADHYA PRADESH AND OTHERS

DATE OF JUDGMENT23/01/1984

BENCH: VENKATARAMIAH, E.S. (J) BENCH: VENKATARAMIAH, E.S. (J) THAKKAR, M.P. (J)

CITATION:  1984 AIR  515            1984 SCC  (1) 751  1984 SCALE  (1)140

ACT:      Madhya   Pradesh Ceiling on Agricultural Holdings, Act, 1960 (Act  No. 20  of 1960), Section 6 and read with Section 2(gg), construction  of-whether, in  view of  the wording in section 6  (ii) viz  "each member of the family, including a minor son  would become a holder entitled to a separate unit of the  ceiling area",  the minor  son will  be entitled  to claim a separate ceiling area independently.

HEADNOTE:      Dismissing the Special Leave Petition, the Court, ^      HELD:  Section   6(ii)  of   the  M.   P.  Ceiling   on Agricultural Holdings  Act, 1960 does not have any effect on the ceiling  area to  which a family as defined in Section 2 (gg) is  entitled under Section 7. A minor son who is deemed to be entitled to an area of Joint Family land proportionate to his  share under  s. 6 (ii) is not entitled to a separate ceiling area independently. His share of land can be clubbed with the  land which  can be  claimed by  his father  as his ceiling area. [452D;B]      Begulla Bapi Raju etc. v. State of A. P. (1983) 2 Scale 141 followed.      Sarjubai &  Ors. v.  State  of  M.  P.  &  Ors.  (Misc. Petition No. 811 of 197 of M. P. High Court) approved.

JUDGMENT:      CIVIL APPELLATE  JURISDICTION :  Petition  for  Special Leave to Appeal (Civil) No. 14604 of 1983.      From the  Judgment and  Order dated  the 2nd September. 1983 of  the Madhya  Pradesh High  Court (Indore  Bench)  in Civil Miscellaneous Petition No. 193 of 1978.      G.L. Sanghi,  S.K Gambhir  and Ashok  Mahajan  for  the Petitioner.      Ravindra Bana and A.K Sanghi for the Respondent.      The Order of the Court was delivered by      VENKATARAMIAH, J.  The contention  of the petitioner in the above  case is  that on a true construction of section 6 read with  section 2(gg)  of the  Madhya Pradesh  Ceiling on Agricultural Holdings Act,

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452 1960 (Act  No. 20  of 1960) (hereinafter referred to as ’the Act’) each member of the family, including a minor son would become a  holder entitled  to a separate unit of the ceiling area., In  other words, it is argued that a minor son who is deemed to  be entitled  to an  area  of  joint  family  land proportionate to his share under section 6(ii) of the Act is entitled to  claim a separate ceiling area independently. It is contended  that his  share of land cannot be clubbed with the land  which can  be claimed by his father as his ceiling area,      We have heard Shri G.L. Sanghi, learned counsel for the petitioner. He  has taken us through the relevant provisions of the  Act viz.  section 2 (gg), section 6 and section 7 of the Act.  The High  Court has negatived the above contention of the  petitioner relying  upon  its  earlier  decision  in Sarjubai &  Ors. v.  State of  Madhya Pradesh  & Ors. (Misc. Petition No,  811  of  1979).  We  have  gone  through  that decision, on  going through  the said decision, we find that it is  correctly decided, We agree with the reasons given in support of  the said  decision, It is in conformity with the view expressed  by this  Court in  Begulla Bapi Raju etc. v. State of Andhra Pradesh.      Section 6(ii)  of the  Act does  not have any effect on the ceiling  area to  which a  family as  defined in section 2(gg) is entitled under section 7.      The petition is accordingly dismissed, S.R.                                      Petition dismissed 453