U P STATE Vs. BABA RAM BHARTI

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of the Civil Judge, Etawah, dated April 1, 1975 in Civil Misc. Appeal No. 98 of 1975 -Baba Ram Bharti v. State of U.P.

(2.) IN response to a notice under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act (herein -after referred to as the Act), the contesting opposite party No. 1 Baba Ram Bharti had filed an objection alleging that there were his three alive Chelas, hence he was entitled to six additional hectares of land under the provisions of Section 5(3) of the Act. He had raised various other pleas also which are not necessary for the decision of the present writ petition. The prescribed authority through its judgment dated 28 -10 -74 did not accept the plea raised on behalf of the aforesaid Baba Ram Bharti. Aggrieved by the decision of the Prescribed Authority the present contesting opposite party No. 1 Baba Ram Bharti had filed an appeal which was allowed by the Appellate Authority through its impugned judgment. The Appellate Authority accepted the three chelas as spiritual sons of the tenure holder Baba Ram Bharti, hence it granted benefit of the provisions of Section 5(3)(a) of the Act, Aggrieved by the decision of the Appellate Authority dated 1 -4 -75 the U.P. State has come to this Court under Article 226 of the Constitution.

(3.) WE have heard the Learned Counsel for the parties. The only point for our consideration in the present writ petition is as to whether the three Chelas of the contesting opposite party No. 1 Baba Ram Bharti can be termed as "adult sons" to attract the provisions of Section 5(3) of the Act.