SRI PAL SINGH Vs. D J BANDA

JUDGEMENT

(1.) Proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'Act, 1960') were initiated against the present Petitioner culminating in an order of the Prescribed Authority dated 30th April, 1982.

(2.) The objections raised were considered by the Prescribed Authority and by means of the judgment, referred to above, it was held that the Petitioner had 23 Bigha 13 Bishwa 10 Biswansi of land as surplus. This order was not subjected to any further challenge by the Petitioner. The State was, however, not satisfied with the order so passed and therefore the State filed an appeal under Section 13 of the Act, 1960, which was numbered as Appeal No. 62 of 1982 (State of U.P. v. Shripal Singh. Before the Appellate Court the State canvased only one point, namely that the son of the Petitioner namely Ram Sipahi was minor on the relevant date and therefore the entire land holding in his name was to be treated as part and parcel of the holding of his father namely the present Petitioner for ceiling purpose.

(3.) The Appellate Court considered the plea so raised on behalf of the State and after considering the evidence on record came to a conclusion that Ram Sipahi was minor on the relevant date, therefore, the entire holding in his name was to be treated as part and parcel of the holding of the father for determination of the ceiling limits. The Appellate Court also considered the impact of the compromise decree filed in partition suit No. 209 under Section 176 of U.P.Z.A. & L.R. Act, settled between the parties on a compromise filed and verified on 31.08.1970. The Appellate Court held that the suit itself was filed for the purposes of defeating the provisions of U.P. Act No. 1 of 1961 and even otherwise it was held that not withstanding the partition for calculating the ceiling limits, the land recorded in the name of the minor son was to be clubbed with that of his father.