LAWS(ALL)-1981-1-53

STATE OF U P Vs. CIVIL JUDGE JHANSI

Decided On January 20, 1981
STATE OF UTTAR PRADESH Appellant
V/S
CIVIL JUDGE, JHANSI Respondents

JUDGEMENT

(1.) :-

(2.) THESE are two petitions one by the State and other by tenureholder against common order passed by Additional District Judge in appeal arising out of proceedings for determination of ceiling area under U. P. Imposition of Ceiling on Land Holdings Act. The appellate authority held that sale deeds dated 8th July and 14th July 1971 were saved in proviso (b) to sub-section (6) of Section 5 as they were for adequate consideration and in good faith. In respect of other contention that petitioner was entitled to two additional hectares under Section 5 (3) as his family consisted of more than five members, the appellate authority held that daughter being born after the material date that is 8th June 1973 she could not be considered to be of petitioner's family, under Section 5 (3).

(3.) IN the result both petitions fail and are dismissed. Parties shall bear their own costs. Petition dismissed.