DATA RAM Vs. ADDL CIVIL JUDGE BULANDSHAHR

JUDGEMENT

(1.) THIS writ petition is directed against an order dated 18th August 1975 of the Additional Civil Judge, Bulandshahr on appeal by the State of U. P., from an order dated October 15, 1974 of the Prescribed Authority, Tehsil Sikandrabad, District Bulandshahr, under the U. P. Imposition of Ceiling on Land Holdings Act, 1960. The Prescribed Authority had in this case discharged the notice under Section 10 (2) of the Act on the ground that a transaction covered by an agreement dated May 20, 1969 amounted to a sale before the crucial date, 24th January 1971, inasmuch as possession had already been transferred under that agreement to sell on 20th May, 1969. The learned Additional Civil Judge held that an agreement of sale does not create any interest in the property proposed to be sold and the mere fact that the tenure holder had parted with possession of the land under that agreement was not sufficient to extinguish his title in the land and that, therefore, the date of the execution of the sale deed, which was executed on April 30, 1974 in the present case, was the date on which the transfer was effected, and that being so the transfer was governed by Section 5 (6) of the Ceiling Act, and the land covered by the transfer could not be excluded in determination of the ceiling area of the petitioner.

(2.) SRI R. H. Zaidi, learned counsel for the petitioner has contended before me that the learned Civil Judge ignored Section 165 of the U. P. Zamindari Abolition and Land Reforms Act which runs as follows :-

(3.) IN the result the writ petition fails and is dismissed with costs. The stay order dated 12th September 1975 is vacated ; and the petitioner will be entitled to refund of the amount of Rs. 4,C00/- which may have been deposited by him as security in the first year and any further deposit which may have been made by him in the subsequent years under that order, as no loss, which may require to be compensated therefrom, has been established by the State. Petition dismissed.