SHAKUNTALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants in these three appeals are aggrieved against a common judgment of the Punjab and Haryana High Court dated January 14, 1969, by which the judgment of a learned single Judge of that Court dismissing their writ petitions was upheld on the ground that the gifts to them did not fall within the purview of the saving clause of Section 32FF of the Pepsu Tenancy and Agricultural Lands Act, 1955, hereinafter referred to as the Act.

(2.) It is not dispute that a gift was made in each of these cases before July 30, 1958, and in one case after August 21, 1956 but before July 30, 1958. The donees were not persons who were not related to the donors, and were persons to whom gifts were made of agricultural lands for love and affection. The revenue authorities took the view that the gifts were not transfers of lands of the nature protected by Section 32FF of the Act as there was no valuable consideration, and mere love and affection was not 'consideration' within the meaning of that section. As the High Court has upheld that view, the appellants feel aggrieved and have come up in appeal to this Court by special leave.

(3.) Section 32FF of the Act which deals with certain transfers which are not to affect the surplus area of a landowner provides as follows,-