KEDAR SINGH Vs. ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) These two writ petitions raise the same point. They are hence being disposed of together.

(2.) The Petitioner is tenure-holder. He, on 10th February, 1972, executed a registered deed of gift in respect of his 11 bighas 2 biswas of land in favour of his daughters. Smt. Mithilesh Kumari and Gita Kumari, and another in respect of 6 bighas 8 biswas 14 dhurs in favour of Kameshwar Rai, his sister's son. In proceedings under the U.P. Imposition of Ceiling on Land Holdings Act he claimed exemption on 17 bighas 10 biswas 14 dhurs on the basis of the two deeds of gift. The Prescribed Authority did not accept the Petitioner's claim, but on appeal the same was upheld. The finding was that the gift deeds were executed in good faith and for adequate consideration, namely, natural love and affection. The learned Additional District Judge excluded the gifted areas, and found that the remaining land of the Petitioner was within the ceiling limit. Notice under Section 10(2) of the Act was discharged. The appellate decision was rendered on 2nd August, 1975.

(3.) With the coming into force of the Amending Act No. 20 of 1976, the Prescribed Authority issued another notice under Section 10(2) to the Petitioner proposing to declare 1 .29 acres as surplus land. The Petitioner filed an objection which was dismissed. He then went up in appeal, which also failed. Aggrieved, he has now come to this Court.