STATE OF U. P. Vs. IIND ADDL. DIST. JUDGE, RAMPUR AND OTHERS
LAWS(ALL)-1980-8-42
HIGH COURT OF ALLAHABAD
Decided on August 20,1980

STATE OF U. P. Appellant
VERSUS
Iind Addl. Dist. Judge, Rampur And Others Respondents

JUDGEMENT

R.B.Misra, J. - (1.) -The present petition on behalf of the State under Article 226 of the Constitution is directed against the order of the Ilnd Additional District Judge, Rampur, dated 22nd December, 1978, arising out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act).
(2.) Respondents Nos. 2 and 3, Tajendra Singh and Daljendra Singh are brothers and tenure-holders with equal shares. Notices under Section 10 (2) of the Act were issued to each of the two brothers, and both the tenure-holders filed separate objections on the grounds, inter alia, that during their minority their elder brother, Sardar Devendra Singh, after obtaining permission of the District Judge, Rampur, under the Hindu Minority & Guardianship Act, sold the land under various transfer deeds. Some of the transfer deeds were executed prior to 24th January, 1971, and some were executed after that date.
(3.) The vendees also filed their separate objections alleging that they were in exclusive possession of the land and the vendors had no concern with it.;


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