MAHESH KANWAR Vs. STATE

JUDGEMENT

(1.) THIS special appeal raises a question about the validity of option given by the predecessor of appellants in surrendering the surplus land of his holdings as determined in ceiling proceedings.

(2.) THE ceiling proceedings were initiated in the case,of Ugam Singh, whose sons are the present appellants, under Chapter III-B of the Rajasthan Tenancy Act, 1955. Ugam Singh, an ex- Jagirdar, had certain lands in villages Chohtan, Kaparau, Itada and Jaisar in Distt. Barmer. Said Ugam Singh had claimed certain lands to be not his holdings on the basis of transfers made by him. THEse proceedings relate to one of such lands which according to him did not belong to him and was held by the respondents. THE lands in respect of which the transactions for transfer claimed by said Ugam Singh, were all transfers made in favour of (i) Jaswanta Ram by way of a registered sale deed. This transfer related to 8 bighas 19 biswas of land of Khasra No.550/3 and 12 bighas 10 biswas of Khasra No.551/3 at village Chohtan. (ii) Another land which was claimed by Ugam Singh, not to be his own but transferred by him under a written document, was to Multanmal s/o. Parasram of Choutan. This related to 271 bighas of land of Khasra No. 675 situated in village Itada, which is the subject matter of this appeal. (iii) Lastly, the third transfer alleged to be made by Ugam Singh was of 322 bighas of land in Khasra No.110/5 in village Jaisar by way of a gift deed in favour of Peerchand s/o Bheekchand.

(3.) IN the proceedings, Ugam Singh while claiming the land in question not under his holdings, treating to be a completed sale had also given his option for surrendering the surplus land in case he is found to be in possession of more land than permitted under the ceiling laws. He exercised option for surrendering the land situated in village Itada comprised in Khasra No.675, which he had transferred under a written but unregistered deed to Multanmal. Multanmal has transferred the said land by registered sale deeds in favour of petitioners- respondents in 1978. This transfer has come after determination of ceiling case in first instance vide order dated 18.11.71.