STATE OF UTTAR PRADESH Vs. UDAI PRATAP SINGH

JUDGEMENT

(1.) The land which was the subject matter of proceedings under the U. P. Imposition of Ceiling on Land Holdings Act was recorded in the name of Uday Pratap singh, Respondent No. 1 and the ceiling and surplus area was declared on that basis.

(2.) The contention of the respondent was that the land originally belonged to one bhagwati Prasad who had inherited it from his forefathers. In 1964, he had executed a will in favour of his grandsons uday Pratap Singh and Amrendra Kumar singh - but by an inadvertence, Uday pratap Singh's name alone came to be recorded in the revenue records though amrendra Kumar also had a half share in the land. During the consolidation proceedings under the U. P. Consolidation of holdings Act, the names of both the brothers, namely, Uday Pratap Singh and amrendra Kumar Singh came to be recorded in the revenue records in respect of the land in question.

(3.) The original will was said to have been destroyed in a fire which had taken place in the record room of the Collectorate. In the absence of the will, the District Judge relied upon the entries made in the revenue records on the basis of consolidation proceedings. The District Judge also considered the question of nature of the land, namely, whether it was irrigated or unirrigated, and after holding certain land as unirrigated, found that there was land in possession of the respondent which could be declared surplus. The writ petition filed against the judgment of the District judge was summarily dismissed by the High court. The questions which have been urged before us relate essentially to questions of fact which have already been settled by the District Judge.