- (1.) Proceedings under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated against one Saheb Din culminating in an order of the prescribed authority dated 7.1.1975 whereunder the prescribed authority after accepting the family settlement as determined 14-17-0 bighas of land as surplus. Before the prescribed authority three issues were framed: (a) Where there has been family partition between the recorded tenure holder and other members of the family and as to whether the family partition in fact has been given effect to. (b) Where the two sons of the tenure holder namely Krishna alias Munna and Ram Krishna alias Lallu were major on the relevant date. (c) Whether plot No. 343/1 area 19 bighas was unirrigated. The prescribed authority held that family partition has taken place between the recorded tenure holder, his wife and sons. With regard to issue No. 2, it was held that the two sons namely Krishna alias Munna and Ram Krishna alias Lallu were major and the issues have been decided accordingly.
(2.) Lastly, it was held that the holdings recorded in the name of the tenure holder, his wife and his minor son Lallu shall be treated to be the holding of the tenure holder and that the wife and the minor son should not be treated as separate tenure holders. The land holdings which had fallen in the share of two major sons was excluded. The ceiling limits of the tenure holder was determined and it was held that he had 14 bighas and 17 biswas land as surplus.
(3.) It is stated in paragraph 7 of the writ petition is that against the order of the prescribed authority dated 17.1.1975, an appeal was filed, which was allowed and the case was remanded for fresh decision after serving a reserved statement as per the amended provisions.;