ARUN TANDON,J. - (1.) PROCEEDINGS under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act were initiated against recorded tenure holder culminating in an order of the Prescribed Authority dated 30.8.1976 declaring 66-7-9 bighas of land as surplus.
(2.) NOT being satisfied with the orders so passed, the tenure holder filed an appeal before the District Judge, Banda which was allowed under order dated 14.12.1976 and the matter was remanded to the Prescribed Authority for reconsideration of the issued raised. The Prescribed Authority redetermined the ceiling limits vide order dated 30.1.1984 and held that the recorded tenure holder had 66-7-9 bighas of land as surplus. Not being satisfied with the said order, the recorded tenure holder preferred an appeal under Section 13 of the Ceiling Act, which was allowed on 23.7.1984 and the matter was remanded for Prescribed Authority for reconsideration of the following issues: (a) What part of the holding of the petitioner was irrigated/unirrigated. (b) The transferee of the land under the alleged sale deed executed by the tenure holder be served with a notice and afforded opportunity and the matter be adjudicated afresh.
(3.) ACCORDINGLY , notices were issued to the transferees to put in their appearance. Both on behalf of the petitioner as well as transferees appeared and filed their objections and it was stated that the two sale deeds dated 7.7.1971 were executed by the recorded tenure holder whereunder he transferred 20 bighas of land by means of the first sale deed and 16-9 bighas of land by means of the second sale deed in good faith. It was claimed that the transferred land be excluded from the holding of the petitioner and ceiling limits be determined accordingly. Similar objections were raised qua certain land being treated as irrigated. The petitioner is stated to have pressed before the Prescribed Authority that he had four major sons and therefore two hectares of additional land for each major son be provided.;