(1) SPECIAL leave granted. (2) WE have heard the appeal. Admittedly two bits of land belonging to the appellant-ghat No. 9 measuring 3 acres 22 guntas and ghat No. 86 measuring 1 acre 19 guntas at Paregaon village and ghat No. 41-A at village Dudhakheda measuring 46 acres 24 guntas were patil watan lands and on the abolition of the watan they became partible property in the hands of the joint family as held by this court in Nagesh Bisto Desai v. Khando Tirmal Desai. The finding of the High court that these lands were not partible is therefore unsustainable. Consequently the determination of the surplus land in the hands of the appellant will have to be set aside and the case has to be remanded to Surplus Land Determination tribunal, Nasik to redetermine the surplus lands in the hands of the appellant in the light of the above finding recorded by us that the ghats referred to above were partible as joint family lands. We accordingly set aside the judgment of the tribunal and the High court and remand the case to the tribunal for fresh disposal in accordance with law and the directions contained herein. Appeal is disposed of accordingly. No costs.