STATE OF GUJARAT Vs. NARGES K PANTHAKY

JUDGEMENT

(1.) Leave granted.

(2.) The proceedings were initiated under the Gujarat Agricultural Lands Ceiling Act, 1960 (for short, "the Act") to determine the ceiling area and the surplus area. The respondent claimed that under an agreement dated October, 14, 1969, thirty acres of land had been transferred in favour of the respondent's mother which was duly recognised by mutation proceedings dated 15-9-1971. The question is whether it is to defeat the provision of the Act. Sub-section(1) of S. 8 of the Act reads thus:

(3.) A reading thereof would clearly indicate that notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of the Act. the question is whether this agreement is a transfer. Shri R. P. Bhatt, learned senior counsel appearing for the respondent, has taken us through the agreement which had specifically stated that right, title and interest of the land was conferred for the first time in favour of the respondent under that document. Thereby, the right, title and interest held by the owner of the land is sought to be extinguished. In turn it is sought to be conferred in favour of the respondent for the first time under the document. By operation of S. 17 of the Registration. Act, it is a compulsorily registrable document. Since it has not been registered, the owner has not been divested of the right, title and interest in the land and thus continued to be the owner of the land under the Act.