SULKHAN SINGHS Vs. STATE OF U P

JUDGEMENT

(1.) Notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 was issued to the tenure-holder Sri Fauja Singh. Notice was served on Fauja Singh and he filed an objection before the Prescribed Authority. Fauja Singh left for his heavenly abode in the month of August, 1975. The petitioner Nos. 1 to 6 are the sons of late Sri Fauja Singh while the petitioner No. 7 is the grandson of late Sri Fauja Singh.

(2.) The main contention of the petitioners before the Prescribed Authority was that after the death of Sri Fauja Singh, the land devolved upon them and they became independent tenure-holder and the land held by them separately and independently should have been taken into account by the ceiling authorities and the land of which late Sri Fauja Singh, the tenure-holder should not have been clubbed together to determine as to whether late Sri Fauja Singh held the land in excess of ceiling area applicable to him, because after the death of late Sri Fauja Singh, the petitioners became independent tenure-holders. The contention of the petitioners was repelled by the Prescribed Authority who rejected the objections preferred by the petitioners and held that 17-0-42 of land was declared surplus. Being aggrieved against the said order an appeal was preferred. The appellate authority on 20.4.1982 rejected the appeal.

(3.) The learned counsel for the petitioners emphasised before this Court that if the land of the tenure-holder even after service of the notice was in excess of the ceiling limit and such a tenure-holder dies during the pendency of the proceedings, his heirs become independent tenure-holders and hence it is incumbent upon the ceiling authorities to determine the question as to whether heirs held excess of land or not. In that regard he placed reliance on the decision of a Division Bench of this Court in Horam Singh and others v. District Judge, Moradabad and others, 1979 ALJ 85.