JAMIL AHMAD Vs. IVTH ADDITIONAL DISTT JUDGE MORADABAD

JUDGEMENT

(1.) This appeal is from the order of the High Court of Judicature at Allahabad dated November 24, 1978 disposing of the Writ Petition No.1054/78 filed by the appellants in terms of the order in W.P.No. 1270/78 passed on the same date. By virtue of the said order, the Writ Petition filed by the appellants stood dismissed.

(2.) To comprehend the controversy, it will be necessary to refer briefly to the facts giving rise to this appeal. One Wali Mohammed held certain agricultural lands. He had transferred an extent of 25 = 79 acres of land in favour of his blind unmarried daughter (Moti Begum) in 1359 Fasli - long before coming into force of the Act. In accordance with the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short, 'the Act'), his ceiling area, under Section 5 of the Act, was determined. On December 15,1974 he executed a Will bequeathing an extent of 25.32 acres out of his land in favour of the appellants herein. He died on June 16,1975 leaving behind him a son, Gulam Mohammed and a daughter, the said Moti Begum.

(3.) On the basis of the said Will the appellants approached the Tehsildar, Billari (U.P.) to have their names mutated in the revenue records. The Tehsildar, after issuing a public notice and after examining witnesses produced by the appellants held, by his order dated August 28, 1975, that the Will was proved and ordered that their names be mutated in the revenue records as legatees of Wali Mohammed in respect of an extent of 25.32 acres. That order makes it clear that mutation would not affect the ceiling proceedings under the Act.