PARWEZ ALAM Vs. STATE OF UP AND OTHERS

JUDGEMENT

(1.) IN proceedings under the Imposition of Ceiling on Land Holdings Act plots in dispute were declared surplus land with Respondent No. 4.

(2.) IN response to the notification published Under Section 14 of the Act, the Petitioner filed an objection to the effect that the aforesaid plots were held by Respondent No. 5 and not by Respondent No. 4, that the Respondent No. 5 had executed a registered sale deed dated 27/30 -11 -1959 in his favour for a consideration of Rs. 1000/ - and that he was their Bhumidhar.

(3.) IN appeal the learned Addl. Civil Judge did not give any finding as to whether Respondent No. 4 was or was not the tenure holder of the plots but dismissed the appeal on the finding that as the objector claimed title to the land on the basis of a sale -deed dated November 1959 which had to be ignored the objection had no force. This petition is directed against the aforesaid orders of the Prescribed Authority and the appeal court.