MAHESHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) In an earlier proceeding, the petitioner has filed objection under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) against a notice served upon her on 25.11.1974. In that objection, the objector alleged the sale of about 35 acres of land out of the entire land of which she was the tenure holder. She prayed fpr discharge of the notice.

(2.) Two issues were framed by the Prescribed Authority ; firstly, as to whether the objector had executed a sale deed of 35 acres in 1967 out of her holding as alleged, and secondly, to what relief the objector was entitled.

(3.) According to the petitioner she transferred 12.41 acres of land in favour of Vijai Kumar son of Sri Ambika Prasad Misra, 12.21 acres in favour of Ajai Kumar son of Sri Ambika Prasad Misra and 11.73 acres land in favour of Arun Kumar son of Lalta Prasad Misra. As those sale deeds were prior to the relevant cut of date, i.e., 24.1.1971, the Prescribed Authority did not club that land with the holding of the petitioner.