LAXMI LAL Vs. THE STATE OF U.P. AND OTHERS
LAWS(ALL)-1965-7-26
HIGH COURT OF ALLAHABAD
Decided on July 07,1965

LAXMI LAL Appellant
VERSUS
The State of U.P. and others Respondents


Referred Judgements :-

MAHADEO SINGH V. MIAN DIN AND ORS [REFERRED TO]


JUDGEMENT

J. Sahai, J. - (1.)THIS special appeal is directed against the judgment of Dwivedi, J. dated 22nd January, 1964, dismissing with costs writ petition No. 254 of 1963 filed by the Appellant, Laxmi Lal (hereinafter referred to as the Appellant).
(2.)THE Appellant had purchased from Kunwar Ramnath son of Raja Radha Raman certain agricultural plots of land including plots Nos. 1512, 1513, 1514, 1515, 1516, 1517, 1520/1 and 1521/1 situate in village Pakaria Naugawan, Chak Mustaqil, Pergana, Tahsil and district Pilibhit for a sum of Rs. 1500/. The sale deed in respect of these plots was executed on 15th of September 1959 and was registered the same day. The total area of the plots mentioned above is 12.50 acres.
Proceedings under the Imposition of Ceiling on Land Holdings Act, 1961, (hereinafter referred to as the Act) were started in order to determine the 'surplus land' with Kunwar Ram nath. Out of these 12.50 acres of land, 8. 35 acres were declared by the prescribed Authority to be 'surplus land'. In coming to that conclusion he ignored the sale mentioned above.

(3.)THE Appellant filed an appeal before the District Judge, Bareilly. That appeal was heard by the Temporary Civil Judge, Pilibhit who dismissed it on 16.1.1963. Thereafter writ petition No. 254 of 1963 was filed in this Court which was heard and dis -missed by Dwivedi, J. as already stated earlier.
The following two submissions were made before Dwivedi, J.

1. Though the sale deed was executed and registered on September 15, 1959, the transaction had taken place on 4th August l959, on which date the sale consideration also passed, with the result that the sale must be deemed to have been made on 4th of August 1959 and not on 15th of September 1959.

2. That the correct interpretation of Section 5(2) is that any transfer or partition made after 20th day of August 1959 shall be ignored only for the limited purpose of determining the "ceiling area" applicable to a tenure -holder and not for the purpose of declaring the "surplus land".

Neither of the two submissions prevailed with Dwivedi, J. and he dismissed the writ petition.

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