Bharati Sapru, J. - (1.) This petition has been filed against an order dated passed by the appellate authority under Section 13 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, by which the appellate authority has rejected the claim of Dhyan Singh that the gift deed made in his favour on 16.2.1972 could not get the benefit of proviso (b) of Section 5(6) of the Act aforesaid.
(2.) The facts of the case are that one Ramdhar was tenure holder in Village Nagnedhi, Pargana Naraini, District Banda. Ramdhar made two transactions on 16.2.1972 i.e. to say after coming into force of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) on 24.1.1971. By a registered sale deed he passed on some plots to one of his grand son i.e. daughter's son and on the same date, he executed gift deed on 16.2.1972, which was registered in favour of the petitioner who was on that date a minor. By the gift deed-the petitioner also a grandson was given plots No. 946 to 950, 856 to 864, 866, 867, 945, 227 etc. During the course of consolidation operations, the plots were converted into plots No. 449 and 481. The plots were then included in the petitioner's chak.
(3.) According to the petitioner during the consolidation proceedings, the aforesaid chaks were recorded in his name and he was also held to be in possession of the same. The tact that consolidation authorities passed order in favour of the petitioner, has not been denied in the counter affidavit in reply to para 3 of the writ petition.;