RAJA MAHIPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) THIS writ petition is directed against judgment and order dated 13.11.1978 passed by III Additional District Judge, Hamirpur in Ceiling Appeal No. 526 of 1978, copy of which is Annexure 2 to the writ petition. The said Annexure does not contain any date. In the prayer clause of the writ petition, it is mentioned that the said judgment is dated 13.11.1978. Initially prescribed authority under Ceiling Act had passed the order on 29.6.1976 declaring an area of 44.43 acres of irrigated land as surplus land held by the petitioner under U. P. Imposition of Ceiling on Land Holdings Act 1960. The said order was modified to some extent by the appellate court.

(3.) THEREAFTER appellate court held that the grandsons and grand daughters to whom land was gifted by the petitioner were aged about 3, 2 and 5 years and all were minors at the time of execution of gift deeds. Appellate court opined that the petitioner was highly qualified person and he contemplated that Ceiling Act might be imposed upon his lands hence he as precautionary measure, settled his land with his grandsons and grand daughters to save his skin from the operation of the law which would come in due course of time. THEREAFTER appellate court held as follows :