Holding

Section 6(3B) limits the definition of "family" to the enumerated categories, so the appellant’s family comprises only himself and his minor son, making him liable to surrender the excess land.

Summary

The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his parents and other relatives residing with him formed a joint family, entitling him to an additional unit and thus no excess land. Both the Tribunal and the Gujarat High Court rejected this claim. The Supreme Court examined the definition of "family" in Section 6(3B) of the Act and held that only a person, his minor son, and specified categories of pre‑deceased son's relatives qualify, excluding parents and siblings. Consequently, the appellant’s family consisted only of himself and his minor son, and he was required to surrender the excess land. The appeal was dismissed.

Issues considered

Whether the appellant's parents and siblings are members of the "family" for purposes of Section 6(3B) of the Gujarat Agricultural Land Ceiling Act, 1960.
Whether the appellant is entitled to an additional unit of land based on a joint family composition.

Legislation cited

Gujarat Agricultural Land Ceiling Act, 1960s. 6(38), s. 6(3B)

Subjects

Land ceilingFamily definitionJoint familyExcess landGujarat Agricultural Land Ceiling ActProperty lawLand reform

Judgment

KARSAN AMBUBHAI SINDHA V A
v.
THE STATE OF GUJARAT

NOVEMBER 30, 1994 .

[K. RAMASWAMY AND N. VENKATACHALA, JJ.] B

Gujarat Agricultural Land Ceiling Act, 1960:

Section 6(38)-Family-Meaning for the purpose of determining the
ceiling.
- c
The appellant and his minor son constituted the family. Under the
provisions of the Gujarat Agricultural land Ceiling Act, 1960, the
Tribunal, after excluding the ceiling area of 54 acres, computed 18
acres 23-3/4 gunthas to be excess land. Appellant claimed that his
father, mother and other members were residing with him. They being
the members o( joint family, they were entitled to separate unit, and D
thus he was not having land in excess of the ceiling area. This was not
accepted by the Tribunal. The High Court confirmed the Tribunal's
finding. Hence this appeal.

Dismissing the appeal, this Court
E
HELD : 1.1. By operation of the definition as contained in Section
6(3B) of the Gujarat Agricultural Land Ceiling Act, 1960 for the
purpose of ceiling, the computation shall be made only in accordance
with the definition given iinder the Act. In that definition, apart from
himself, other members belonging to the family are only his minor son
or son of a pre-deceased son and son or daughter of a pre-deceased son F
where the widow of the pre-deceased son died. [206 H, 207 A)

1.2. In the instant case, admittedly the appellant is having only
himself and his minor son constituting the family. His father, mother,
brothers and sisters though may be living with him, they are not
--. members of the family much less his joint family and that, therefore, G
they are not entitled to any additional computation of the arrears to the
extent of 1/5th of the ceiling area for each member in excess of five, so
however that the total holding of the family does not exceed twice the
ceiling area. Thereby, one unit was given to the appellant of an extent
of 54 acres and he is liable to surrender 18 acres 28-3/4 gunthas which
was found to ue excessive. (207 BJ H
205
206 SUPREME COURT REPORTS [1994] SUPP. 6 S.C.R

A CIVIL APPELLATE JUR1SDICTION : Civil Appeal No. 3687 of
1984.

From the Judgment and Order dated 10-9-81 of the Gujarat High Court
in L.P.A. No. 32of1980.

B · S.C. Patel for the Appellant.
.. Anip Sachthey and C.B. Babu for the Respondent.·

The following Order of the Court was delive.red :

This appeal by special leave arises from the judgment of the High
c Court of Gujarat at Ahmedabad in L.P.A. No. 32/1980, dated 10-9-1981.

. Section 6 (3B) of the Gujarat Agricultural Land Ceiling Act, 1960
defines 'family' as :

"Where a family or a joint family consist of more than five
D members comprising a person and other members belonging
to all or any of any of the following categories, namely:-

(i) minor son,

(ii) widow of a pre-deceased son,
E
(iii) minor son or unmarried daughter of a pre-deceased son,
where his or her mother is dead, such family shall be entitled
to hold land in excess of the ceiling area to the extent of one-
fifth of the ceiling area for each member in excess of five, so
however that the total holding of the family doesn't exceed
F twice the ceiling area; and in such a case, in relation to the
holding of such family, such area shall be deemed to be the
ceiling area."

It is an admitted fact that the appellant has a minor son and himself
constitute the family. The Tribunal, therefore, after excluding the ceiling
G area of 54 acres, computed 18 acres 23-3/4 gunthas to be excess· land. The
appellant claimed that his father, mother and other members etc. are
·--
residing with him, they are the members of joint family and that, therefore,
they are entitled to separate unit, thereby he is not having in excess of the
ceiling area. That contention was negatived by the Tribunal as well as by
the High Court. It is seen that by operation of the above definition, for the
H purpose of ceiling, the computation shall be made only in accordance with
K. A. SINDHAV v. STATE OF GUJARAT 207

the definition given under the Act. In that definition, apart fi:om himself, A
other members belonging to the family are only his minor son or son. of a
pre-deceased son and son. or daughter of a pre-deceased son where the
widow of the pre-deceased son died. In this case, admittedly, he is- having
only himself and his minor son constituting the family. His father, mother,
brothers and sisters though may be living with him, they are not members
of the family much less his joint fami~y .and that, therefore, they are not B
entitled to any additional computation of the arrears to the extent of I/5th of
the ceiling area for each member in excess of five, so however, that the
total holding of the family does not exceed twice the ceiling area. Thereby,
one unit was given to the appellant cif an extent of 54 acres and he is liable
to surrender 18 acres 28-3/4 gunthas which is found to be excessive.
c
The appeal is accordingly dismissed but, in the circumstances, without
costs ..

G.N. Appeal dismissed.