ROBIN LAL Vs. ADDL COMMISSIONER GORAKHPUR DIVISION

JUDGEMENT

(1.) Heard Sri P.K. Mishra, learned counsel for the petitioner and the learned Standing Counsel.

(2.) The petitioner's holding over the land in dispute has been treated to be surplus in the hands of Sardar Satyajeet Singh Majithia-respondent No. 4 from whom the petitioner's mother is stated to have obtained the property through an agreement to sale dated 25.2.1969 and subsequently through a sale-deed dated 23.2.1972. The land was included in the holding of the respondent No. 4 on the ground that as on the appointed date of the Ceiling Act i.e. 24th January, 1971, the said land stood in the name of respondent No. 4 and therefore the same forms part of his holding and has been rightly declared as surplus.

(3.) The petitioner's predecessor in interest in whose favour the sale-deed has been executed namely Smt. Betti Lal, filed objections to the effect that the land had been purchased through a valid sale-deed for which an agreement to sale had already been entered into on 25.2.1969 prior to the appointed date. It was further contended that the transaction was valid and bona fide as the consideration so paid was as per the then market value available for such land in the year 1969. The sale-deed and the agreement to sale both were placed on record. The Prescribed Authority rejected the objections. Hence, an appeal was preferred. The appeal was also dismissed against which writ petition No. 33310 of 1996 and other connected writ petitions were filed. The petitioner was one of the petitioners in the said writ petitions. The writ petition was allowed on 8th July, 1997 with the following observations: