Holding

The ceiling authority is competent to determine the bona‑fide nature of land transfers to tenants and may deem them surplus if made to evade the ceiling Act, notwithstanding the exclusive jurisdiction provisions of the Bombay Act.

Summary

The petitioner, Juggal Kishore, claimed that lands leased to tenants under the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958 should be excluded from his family unit's holdings in the ceiling proceedings under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The Sub‑Divisional Officer and the Maharashtra Revenue Tribunal declared 58.28 acres as surplus, rejecting the petitioner's claim that the tenancy orders were final and binding on the ceiling authority. The petitioner contended that Section 100(2) of the Bombay Act gave exclusive jurisdiction to the Tenancy Tahsildar to decide tenancy matters, and Section 124 barred civil courts from interfering. The Supreme Court examined whether the ceiling authority could determine the bona‑fide nature of the transfers to assess if they were made to evade the ceiling provisions. It held that the ceiling authority is empowered to decide whether such transfers were genuine or anticipatory, and that the Acts must be read complementarily to avoid contradiction. Consequently, the Court found no merit in the petition and dismissed it.

Issues considered

Whether the ceiling authority has jurisdiction to determine the validity of tenancy transfers made under the Bombay Tenancy Act for the purpose of ceiling proceedings.
Whether the orders of the Tenancy Tahsildar under Section 100 of the Bombay Act are final and binding on the ceiling authority under Section 124 of the same Act.
Whether the transfer of land to tenants was bona fide or made in anticipation of the ceiling provisions, and which authority should decide this.

Legislation cited

Subjects

tenancyagricultural land ceilingjurisdictionbona fide transferspecial leave petitionsurplus land

Judgment

JUGAL KISHORE
A
·' v. t
STATE OF MAHARASHTRA & ORS.

SEPTEMBER 29, 1988
< ·i ··'
B . [SABYASACHI MUKHAIUI AND S. RANGANATHAN, JJ.]

J Maharashtra Agricultural Land (Ceiling on Holdings) Act,
1961: Determination of question of tenancy-Whether within the
jurisdiction of Ceiling Authority,-Land transferred by owner to various
,J; ,_ .

tenants under Bombay Tenancy Act, 1958-Authority under Ceiling
Act 1961 determining land holdings-Whether legal, valid and proper.
c
In the ceiling proceedings under the .Maharashtra Agricultural
L\lnd (Ceiling ori Holdings) Act, 1961 the petitioner alleged that there
was no sur1Jlus land in the holding of his family Unit as certain lands
had been leased out. to various tenants and the same had been transfer·
D red to them under the Bombay Tenancy and Agricultural Lands
(Vidarbh~ Region) Act, 1958 arid, therefore, the tenanted lands should
be excluded from his total holdings as the orders of the Tenancy
Authorities had become final and were binding on the Ceiling
Authorities. Rejecting the claim of the petitioner the sub-Divisional
Officer held that the orders passed by the Tenancy Courts conferring
E tenancy rights and issuin~ certificates in favour of the tenants were not
justified and declared 58.28 acres of land as suri>lus. This finding was
maintained by the Revenue Tribunal. The challenge made by the
petitioner before the Single Judge as well as the Division Bench of the
High Court also failed. ·

F In the special leave petition under Article 136 of the Constitution
to this Court, on behalf of the petitioner it was contended that in view of
sub-s. (2) of s. 100 of the Bombay Act, the Tenancy Tahsildar had
exclusive jurisdiction to decide the issue of tenancy, and s. 124 of the
Bombay Act bars the jurisdiction of the Civil Court to deal with any
question covered bys. 100 and, therefore, determination of the question
G of tenancy by the Ceiling Authorities was without jurisdiction.

Dismissing the Special Leave Petition; this Court,
HELD: 1. Land had been transferred to the various tenants
under the Bombay Tenancy & Agriculture (Vidarbha Region) Act, 1958
in the name of the respective tenants by the order of the Tenancy
H Tahsildar. [272F]
270
JUGAL KISHORE v. STATE OF MAHARASHTRA [MUKHARJ!, J.] 271

2. The Ceilin~ Authority had to determine the land holdings of A · ,· ·,:~
the petitioner. [274C] · ·

3. Where a transfer is made by the land-holder creating a
tenancy, whether the transfer was made bona fide or made in anticipa-
tion to defeat the provisions of the Ceiling Act, is a question which falls
for determination squarely by the Ceiling Authorities, to give effect to B
or implement the Ceiling Act. [274C-DJ

4. Unless the Acts, the Ceiling Act and the Tenancy Act, with the
intention of implementing various socio-economic plans, are read in a
complementary manner, the operation of the different Acts in the same
field would create contradiction and would become impossible. It is,
therefore, necessary to take a constructive attitude in interpreting pro- c
visions of these types and determine the main aim of the particular Act
in question for adjudication before the Court. [274E-F]

S. In the Ceiling Proceedings it has been held that the transfer to
the tenant was not bona fide .and was done in anticipation of the Ceiling D
Act. This Court finds no ground to interfere with the Order of the High
Court. [275AJ
'.
• ..•
CIVIL APPELLATE JURISDICTION: Special Leave Petition >· ,'
(Civil) ]'lo, 3292 of 1988.
E
From the Judgment and Order dated 7.9.1987 of the Bombay
High Court in LP.A. No. 124 of 1985.

V.A. Bobde, Juggal Kishore and A.K. Sanghi for the Petitioner.

A.M. Khanwilkar and A.S. Bhasme for the Respondents. F

The Judgment of the Court was delivered by

SABY ASA CHI MUKHARJI, J. This application under Article
136 of the Constitution is directed against the judgment and order of
the Division Bench of the High Court of Bombay, Nagpur Bench, G
dated 7th September, 1987. Before the Division Bench, the land-
holder-the petitioner herein, had challenged the dismissal of the writ
petition at the stage of admission by the learned Sillgle Judge confirm-
·' ing the order of the learned sub-Divisional Officer, Amravati, dated
28th February, 1984 and also the order of the Maharashtra Re~enue
Tribunal, Nagpur, dated 26th December, 1984, declaring very large H
272 SUPREME COURT REPORTS (1988] Supp. 3 S.C.R.

areas of land to be in excess of the ceiling area permissible to be held
A
by the petitioner.

The case of the petitioner is that his family unit, as defined under
section 4 of the Maharashtra Agricultural Land (Ceiling on Holdings)
Act, 1961, hereinafter called 'the Act', consisted of himself, his wife,
B two sons and a minor daughter. His further case was that during the
period between 26.9.1970 and 2.10.1975, he did not hold any land of
his own. His wife Vidyavati was holding during the said period certain
land (particulars whereof are not necessary). His son, who was minor,
was also holding during the said period, certain other plots of land. His
another son, a minor, was also holding some more land.
c Hence it appears that the petitioner's case was that his family
Unit was holding land to the extent of 50 Acres 73 Gunthas, and there
was no surplus land in the holding of his family Unit. The petitioner's
further contention was that his son had leased out to the respondent
certain area of land. Similarly, there were properties leased out to the
D tenant. It appears that the total land holdings, as per the sub-
Divisional Officer, Amrwati, was 54 acres and out of remaining
112.28 acres the petitioner was allowed to retain 54 acres, and the
other 58.28 acres of land was declared as the surplus land. This finding
was maintained in appeal by the Maharashtra Revenue Tribunal,
Nagpur, and was challenged before the High Court. The learned
.Ji'. Single Judge dismissed the application.

It was contended that the said land had been transferred to the
various tenants under the Bombay Tenancy & Agricultural Lands
(Vidarbha Region) Act, 1958 (hereinafter called 'the Bombay Act'),
in the name of the respective tenants by the order of the Tenancy
If Tahsildar. The Bombay Act was an Act to amend the law relating to
tenancies of agricultural land and sites used for allied pursuits and it
was reiterated in the Preamble that it was with a view to bringing the
status and the rights of the tenants, as far as possible, in line with those
prevailing in certain other parts of the State, and it was expedient in
the interest of the general public to regulate the transfer of rights in
G agricultural land. According to the petitioner, the order of the tenancy
authorities conferring upon tenants the right of statutory purchaser and
the Bombay Act had become final and these were binding on the
Ceiling Authorities who had to decide the ceiling proceedings. It was,
therefore, submitted that having regard to the effect of these findings,
the Ceiling Authorities, the sub-Divisional Officer as well as the
H Maharashtra Revenue Tribunal should have excluded the tenanted
JUGAL KISHORE v. .STATE OF MAHARASHTRA'IMUKHARJI, J.J 273
•'

lands in possession of the respective tenl~ts from the total holdings of A
the petitioner. Similar· contentions were raised before the sub-
Divisional Officer, and Maharashtra Revenue Tribunal, Nagpur.

The petitioner, the tenants Nandkishore Bajaj and Talathi were
examined as witnesses. The learned sub-Divisional Officer held that
the order passed by the Tenancy Courts conferring tenancy rights and B
issuing certificates in favour of the tenants was not justified and clearly
illegal. Thus, on appreciation of evidence, the claim of tenancy was
negatived by the sub-Divisional Officer and the Maharashtra Revenue
Tribunal. The High Court held that both the Courts were the Courts of
facts and gave their findings. The findings made by these Courts were
within their jurisdiction to find, and to implement the Ceiling Act. C
Accordmg to the Division Bench of the High Court, the learned Single
Judge was right.

It was submitted before us as well as before the High Court that
in view of sub-section (2) of Section 100 of the Bombay Act, the
Tenancy Tahsildar had exclusive jurisdiction to decide the issue of D
tenancy. Section 100 of the Bombay Act, so far material for the pre-
sent purposes, provides as follows:

"100. For the purpose of this Act, the following shall be the
duties and functions to be performed by the Tahsildar:
E
( 1) to decide whether a person is an agriculturist;

(2) to decide whether a person is or was at any time in the
past, a tenant a protected Jessee or an occupancy tenant;'"

Section 124 of the Bombay Act bars the jurisdiction of the Civil F
Court to deal with any question covered by Section 100. The Section
runs as follows:

I "124. (1) No Civil Court shall have jurisdiction to settle,
decide or deal with any question (including a question
whether a person is or was at any time in the past, a tenant G
and whether the ownership of any land is transferred to,
and vests in, a tenant under section 46 or section 49-A or
section 49-B) which is by or under this Act required to be
settled, decided or dealt with by the Tahsildar or Tribunal,
a Manager, the Collector or the (Maharashtra Revenue
Tribunal) in appeal or revision or the State .Government in H
exercise of their powers of control.
274 SUPREME COURT REPORTS [1988] Supp. 3 S.C.R.

A (2) No or.der of the Tahsildar, the Tribunal, the Manager,
the Collector or the (Maharashtra Revenue Tribunal) or
the State Government made under this Act shall be
questioned in any Civil or Criminal Court.

Explanation.-For the purposes of this section, a Civil
B Court shall include a Mamlatdar's Court constituted under
the Mamlatdars' Court Act, 1906."
}

It is, therefore, submitted on behalf of the petitioner that de-
termination of the question of tenancy by the Ceiling Authorities, was
without jurisdiction. The High Court held that in the facts of this case
c it was not. the Ceiling Authority had to determine the land holdings of
the petitioner. Incidentally, where a transfer is made by the land-
holder creating a tenancy, there whether the transfer was made bona
fide or made in anticipation to defeat the provisions of the Ceiling Act,
is a question which falls for determination squarely by the Ceiling
Authorities, to give effect to or implement the Ceiling Act. In that
D adjudication it was an issue to decide whether tenancy right was ac-·
quired by the tenant of the petitioner. But here before the Ceiling
Authorities the adjudication was whether the transfer to the. tenant,
assuming that such transfer was there, was bona fide or made in antici-
pation to defeat the provisions of the Ceiling Act. This latter question
cari only be gone into in appropriate proceedings by the Ceiling
E Authorities. Unless the Acts, with the intention of implementing
various socio-economic plans, are read in such complimentary man-
ner, the operation of the different Acts in the same field would create
contradiction and would become impossible. It is, therefore, necessary
to take a constructive attitude in interpreting provisions of these types
and determine the main aim of the particular Act in question for
F adjudication bdore the Court.

In our opinion, having regad to the Preamble to the Act of the
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961,
which was enacted for giving effect. to the policy of the State towards
securing the principles specified in clause (b) & ( c) of Article 39 of our
G Constitution; and in particular, but without prejudice to the generality
of the. foregoing declaration, to ensure that the ownership and control
of the agricultural resources of the community are so distributed as to
best subserve the common good and having regard to the purpose of
the Bombay Act, it was open to the Ceiling Authoriti(!S to determine
whether there was, in fact, a genuine tenancy.
H
JUGAL KISHORE v. STATE OF MAHARASHTRA [MUKHARJI, !.] 275

In that view of the matter we are of the opinion that the High A
Court was right in the approach it made. In the ceiling proceedings it
has been held that the transfer to the tenant was not bona fide and was
done in anticipation of the Ceiling Act. We find no ground to interfere
with the Order of the High Court. There is no merit in this application.
H<!nce, it fails and is dismissed.
B
A.P.J. Petition dismissed.