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Vithaldas Jagannath Khatri (D) Through Smt. Shakuntala alias Sushma v. The State of Maharashtra Revenue and Forest Department

Civil Appeal · 2019 INSC 976Decided 29 Aug 2019
Civil Appeal No. 6006 of 2009
Justice Sanjay Kishan Kaul · Justice K.M. Joseph

Background

This is a split decision, not a final judgment. Under a 1970 partition, a landholder gave land to his two elder daughters. The question was whether that land should be left out when computing the family's holding under the Maharashtra land ceiling law.

Decision Breakdown

This is a split decision, not a final judgment. Justice Sanjay Kishan Kaul would have allowed the appeal and excluded the daughters' land. Justice K.M. Joseph would have dismissed it, finding the partition a sham. In view of the difference of opinion, the matter was placed before the Chief Justice of India for a larger bench.

Lesson Learnt

There is no final ruling yet. The ceiling dispute awaits a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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