GOPAL STNGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave arises out of and is directed against the dismissal of Civil Misc. Writ No. 72/77 filed by the appellant by the High Court of Allahabad by judgment and order dated 31-3-1977. The facts are not in controversy and the only question for consideration in the appeal is whether the High Court was in error in affirming the view taken by the Prescribed Authority and the Appellate Authority (the District Judge, Mathura) that an extent of 12.35 acres, which the appellant claimed to have transferred to his daughter; by means of a registered gift deed, has also to be reckoned in computing the total extent of land in the appellant's holding for determination of the ceiling area in his holding under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act (hereinafter the Act) 1960.

(2.) In response to a notice issued under Section 10(2) of the Act, the appellant contended that he was not in possession of 23.61 acres of surplus agricultural land as set out in the notice and that the authorities had failed to notice that he had transferred by means of a registered deed of gift dated 7-1-1972 an extent of 12.35 acres of land to his invalid daughter Pushpa Devi who remained unmarried in spite of being 30 years old because of her being born a crippled child and, secondly, the lands bearing Khasra Nos. 226, 227 and 229 were part of Abadi and, therefore, stood excluded from the operation of the Ceiling Act. Both the contentions did not find favour with the Prescribed Authority as well as the Appellate Authority. In so far as the first contention is concerned, with which alone we are concerned in this appeal, both the authorities held that the appellant had failed to establish that the transfer of land in favour of his daughter was made in good faith and was not intended for the immediate or deferred benefit of the appellant and other members of his family and furthermore the transfer appeared to be a device to defeat the provisions of the Act. The appellant filed Civil Misc. Writ No. 72/77 in the High Court for having the order of the Prescribed Authority as affirmed by the Appellate Authority quashed but failed to meet with success and hence the present appeal by special leave.

(3.) The learned counsel for the appellant assailed the finding rendered against the appellant as regards the purported gift of land to his daughter, on the following grounds:-