TRILOK SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition by the tenure-holder is directed against the orders of the Prescribed Authority and the learned Civil Judge, Nainital, declaring an area of 1. 97 acres as surplus land with the petitioners.

(2.) THE only question raised in this petition relates to a gift deed dated 7-10-1971 executed by Smt. Satwant Kaur, wife of the tenure-holder, in favour of her adult daughter Km. Harjeet Kaur covering an area of 7.6 acres of land. It was contended that the land gifted by Smt. Satwant Kaur was held by her in her own right and after execution of the gift deed in favour of Km. Harjeet Kaur it came to be held by the latter in her own right and was not liable to be included in the holding of the petitioner. It was urged that since the petitioner was a tenure-holder, his wife Smt. Satwant Kaur could not be treated as a tenure-holder and the transfer made by her in favour of her daughter could not be ignored although it was made after 24th January, 1971. Reference in this connection was made to Section 3 (17) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) which defines 'tenure-holder' to mean a person who is the holder of a holding but, except in Chapter III, does not include (a) a woman whose husband is a tenure-holder ; and (b) a minor child whose father or mother is a tenure-holder.