In Brief
This appeal concerned whether a registered partition deed dated 31.01.1970 dividing a Hindu Undivided Family's agricultural land could be declared sham by the Collector under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, and ignored for calculating ceiling area. The Supreme Court held that the Collector's jurisdiction is limited to determining whether land falls within ceiling limits and whether transfers between 26.09.1970 and 02.10.1975 should be ignored. Partitions before the cut-off date cannot be ignored under Section 11 of the Act. Determining if a partition is sham is a Civil Court function, not the Collector's. The Court also held that the State's cross-objections affecting third parties were invalid as those parties were not made necessary parties. The appeal was allowed and the SDO's original order restored.
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