RAVINDRA SINGH Vs. PHOOL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Heard the counsel for both the parties. Respondent Phool Singh filed a declaration of his agricultural holding as required by and under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After an appropriate inquiry, the Prescirbed Authority determined his holding. According to the said determination, he was holding surplus land to the extent of 8.26 acres of irrigated land. While determining his holding, it is necessary to mention, the lands transferred by him in favour of the appellant Ravindra Singh and his wife Smt. Kamla Devi under sale-deeds dated 2-9-75 (in respect of 6 acres 66 decimals of land) and dated 3-9-75 (in respect of 6 acres 67 decimals of land) were included in his holding, inasmuch as the said sale-deeds were subsequent to 24th January, 1971. This was done following the provision in sub-sec. (6) of Section 5 of the Act, which reads as follows :

(3.) When the stage of surrender of surplus land arrived, respondent Phool Singh sought to surrender land which was transferred in favour of the appellant and his wife, to which the Prescribed Authority did not agree on the ground that it was a transferred land. Against the said non-acceptance of land surrendered by him. Phool Singh filed a writ petition in the Allahabad High Court which was dismissed on 26-3-1979. Phool Singh carried the matter to this Court by way of SLP No. 4975 of 1979 which was dismissed by this Court on 7-5-1981 under the following order :