(1.) THESE two petitions under Article 226 of the Constitution of India arising out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended upto date, raise common questions of law. One of the questions in the two petitions is whether Proviso (b) to Sub -section (6) of Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) is applicable to transfer by gift.
(2.) THERE is a conflict in the two decisions of this Court on the question. In Raghubar Datt Joshi v. State of U.P. : 1977 AWC 531, brother K.C. Agrawal answered the question in the negative while in Fateh Singh v. State of U.P. : 1977 AWC 534, brother A. Banerji answered the question in the affirmative. The question, therefore, has been referred to us to resolve the conflict.
(3.) SECTION 5 of the Act (deals) with the imposition of ceiling. In so far as it is material for the purposes of this case, it reads: