K.P. Singh, J. - (1.) This writ petition is directed against the judgment of the VIII Additional District Judge, Allahabad dated 3-8-1976 in Ceiling Appeal No. 352 of 1976 Ram Chandra v. State of U. P. The prescribed authority through its judgment dated 12-5-1976 has declared 5 Bighas 7 Biswa irrigated area of the petitioner as surplus. In appeal, the same judgment appears to have been confirmed by the appellate authority. Aggrieved by the decision of the appellate authority the petitioner has come to this court under Art. 226 of the Constitution.
(2.) The learned counsel for the petitioner has contended before me that the ceiling authorities have acted illegally in ignoring partition decree between the petitioner and his son which indicates that the petitioner has only l/7th share in the disputed land since his all sons are major sons, if only the share of the petitioner in the disputed land is taken into account, there would be no surplus area with the petitioner.
(3.) The learned counsel for the State has tried to refute the contentions raised on behalf of the petitioner and he has submitted that the findings recorded by the Ceiling Authorities are based on appraisal of evidence on record and the petitioner has failed to show that his sons were co-tenants of the land and the Ceiling Authorities were fully justified in treating the land as it belonged to the petitioner exclusively.;