PRABHAWATI Vs. ADDL. COMMISSIONER LUCKNOW DIVISION

JUDGEMENT

(1.) Heard Mr. V.K.Pandey, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

(2.) Petition has been filed assailing the order dtd. 9/12/1991 passed by the Prescribed Authority Ceiling as well as Appellate Court Order dtd. 31/10/1995, whereby certain portion of petitioner's holdings have been held to be surplus in view of provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960.

(3.) Learned counsel for petitioner submits that petitioner had purchased the property in question recorded as Gata No.277/39, measuring area 4.51, total area 12.50 of village Gajraura, Pargana Palia, Tahsil Nighasan, District Kheri by means of registered sale-deed dtd. 2/4/1971 and has been continuously in possession of the aforesaid land till passing of the impugned orders. It is submitted that although the said sale-deed is subsequent to the cut off date of 24/1/1971 as amended to 8/6/1973 by means of amending Act, 1972 but the authorities below have failed to consider the specific provisions of Sec. 5(6)(b) of the Act, 1960 and have reached incorrect conclusion regarding the sale-deed having been executed in good faith and for adequate consideration under an irrevocable deed for consideration which was not Benami transaction. It is submitted that the authorities have misdirected themselves by disbelieving the registered sale-deed only on the basis that petitioner's name was not mutated in the revenue records in pursuance to the sale-deed. Learned counsel has further submitted that during proceedings petitioner had produced witnesses not only to prove the sale-deed but also to prove her possession over the property in question but the same was wrongly disbelieved merely on the ground that petitioner did not produce herself in the proceedings to prove either the sale-deed or her possession over the property.