GIAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel the parties and perused the material placed before me.

(2.) The petitioners are legal representatives of deceased Dalip Singh. The proceedings arising out of ceiling proceedings initiated against Dalip Singh under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. The petitioner's father was holding 68 bighas and 19 biswas of land. However, in the return filed by him under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, he has shown 33 bighas of land in his name which was within the Ceiling Act. He also disclosed that by gift deeds dated 7.8.1972, he has transferred 6 bighas of land to each of his six daughters who have been married prior to 1972.

(3.) In the first instance, an enquiry was conducted by the competent officer under the Act of 1973 and a report from Tehsildar was sought. As per the report of Tehsildar dated 23.6.1975, it was found that the holder of the land i.e. Dalip Singh was an old man of about 70 to 75 years. He does not have any male issue and he has, in fact, gifted 6 bighas of land each in favour of each of his six daughters by registered gift deed. He also reported that since the date of gift, the daughters are in possession of the land and are either cultivating the land themselves or given on contract. The Irrigation Department has also issued the water slips in the names of respective daughters.