STATE OF BIHAR versus SHRI K. M. ZUBEI AND OTHERS

STATE OF BIHAR versus SHRI K. M. ZUBEI AND OTHERS

The definition of 'family' in Section 2(ee) of the Act excludes personal law considerations; a major son (regardless of religious affiliation) does not get an additional unit unless he is independently a raiyat and land holder as per Sections 2(k) and 2(g); thus, no adult son is entitled to a separate unit merely by virtue of personal law or birth.

Parties
Appellant: State of Bihar; Respondents: Shri K.M. Zuberi and Others
Jurisdiction
India
Judgment Date
09 February 1996
Procedural Posture
Civil Appeal / Supreme Court Decision After High Court Judgment
Outcome
Appeal allowed
Legal Topics
Ceiling Area Under Bihar Land Reforms Act, Definition of 'family', Applicability of Personal Law in Ceiling Determination
Land Law Ceiling Area Under Bihar Land Reforms Act Definition of 'family' Applicability of Personal Law in Ceiling Determination

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Parties

State of Bihar

Appellant

Shri K.M. Zuberi and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision After High Court Judgment

Legal Issues

  1. 1 Whether personal law is relevant for determining holdings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
  2. 2 Whether adult sons of land holders governed by Mitakshara or Mohammedan law are entitled to separate units
  3. 3 Correctness of Patna High Court's decision in Imamul Hasan Choudhary's case

Ratio Decidendi

The definition of 'family' in Section 2(ee) of the Act excludes personal law considerations; a major son (regardless of religious affiliation) does not get an additional unit unless he is independently a raiyat and land holder as per Sections 2(k) and 2(g); thus, no adult son is entitled to a separate unit merely by virtue of personal law or birth.

Court Disposition

Appeal allowed

Orders

  • No order as to costs