ABDUL HAEE Vs. PRESCRIBED AUTHORITY MAWANA MEERUT

JUDGEMENT

(1.) S. U. Khan, J. The main issue in between tenure-holder and the State is as to whether the sale-deeds dated 19-1-1971 and 17-11- 1971 are saved by Section 5 (6) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 or not.

(2.) EARLIER proceedings were initiated against the tenure-holder Smt. Mahmooda Khatoon. It appears that both Smt. Mahmooda Khatoon and her husband Abdul Quddus petitioner in the second writ petition are the tenure-holders. Proceedings were initiated against Smt. Mahmooda Khatoon and land held by her as well as her husband Abdul Quddus was clubbed. Prescribed Authority through order dated 29-1-1975, held that there was no vacant land with Smt. Mahmooda Khatoon. State filed appeal against the said order, which was dismissed on 23-2-1976. The aforesaid two sale-deeds dated 19-1-1971 and 17-11- 1971 were executed by Smt. Mahmooda Khatoon and Prescribed Authority held that the said sale-deeds were quite bona fide and for valuable consideration.

(3.) AFTER remand Prescribed Authority/s. D. O. Mawana, District Meerut decided the matter on 30-3-1984. Copy of the said order passed in case No. 5 (under Ceiling Act) State v. Abdul Quddus, is Annexure 6 to the second writ petition. Through the said order Prescribed Authority held that both the sale-deeds were liable to be ignored, as they were not bona fide. Against the said order two appeals were filed one by the tenure-holder Abdul Quddus and the other by the transferees which were registered as Appeal Nos. 27 and 27-A of 1985-86. Additional Commissioner, Meerut Division, Meerut dismissed both the appeals on 25-9-1986. The said judgments have been challenged through first writ petition by the transferees and through second writ petition by the tenure-holder/husband of the tenure-holder.