MALKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of an Appellate Bench of the High Court of Allahabad dismissing in limine Special Appeal No. 17 of 1968 against an order of a learned Single Judge.

(2.) Malkhan Singh, tenure-holder, held 66.11 acres of agricultural land in the revenue estate of Siauri, District Jhansi, U. P. He failed to submit a correct statement in respect of his holdings under the U. P. Imposition of Ceiling and Land Holdings Act, 1960 (for short, the Act), within the time mentioned in the notice published under Section 9 of the Act. Consequently, the Prescribed Authority issued a notice under Section 10 (2) of the Act and sent along with it a Statement of the area proposed to be declared surplus. In response to this notice, the tenure-holder filed objections. One of his pleas was that there were 14 members in his family including his sons, grand-sons and grand-daughters and all of them were joint in home, hearth and estate, and that consequently, there was no surplus area with him. On this point the Authority framed this issue:

(3.) The Authority found that the four sons of Malkhan Singh, namely, Murari Lal, Lakhan Lal, Kishan Lal and Ganeshi Lal, were tenure-holders in their own separate rights, and consequently, in view of the Explanation to Section 3 (c) of the Act, they could not be deemed as members of Malkhan's family. The Authority further held that "their wives and issues would also naturally be considered to be in the family of their husbands and fathers and would therefore be excluded from objector's family". After excluding the sons and their wives and sons' sons, the Authority held that there were only two members of the family of Malkhan Singh who were alive on January 3, 1961. Accordingly he negatived his objection and declared an area of 25.70 acres as surplus land with him.