KM SONIA BHATIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment dated December 21, 1978 of the Allahabad High Court allowing the writ petition filed by the State of U. P. before the Court.

(2.) The case arose out of an order passed by the Prescribed Authority under the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act'), as amended up-to-date, by which the said Authority rejected the claim of the petitioners on the basis of a gift which had been executed by her grand-father by a registered document dated January 28, 1972. The Act was passed as far back as 1960 but by virtue of an amendment, being U. P. Act No. 18 of 1973. Section 5 was introduced which placed a ceiling on any tenure-holder to hold land in excess of the ceiling area fixed under the Act. Section 5 contained various subsections but in the instant case we are concerned only with sub-section (6) as also clause (b) of the proviso to the said sub-section. By another amendment. being U. P. Act No. 2 of 1975, which was given retrospective operation with effect from 8-6-1973 Explanation I. alongwith its sub-clauses, was added to subsection (6) of Section 5.

(3.) The decision in the present case turns upon the interpretation of subsection (6) of Section 5 and the proviso therein in order to determine the validity of the Deed of Gift said to have been executed by Chunni Lal Bhatiya, the grandfather of the petitioner Sonia and respondent No. 4 before the District Judge.