K.P.SINGH.J - (1.) THIS writ petition is directed against the judg­ment of Additional Civil Judge, Azamgarh dated 18th July, 1978 in an appeal under section 13 of the U. P. Imposition of Ceiling on Land Holdings Act.
(2.) LEARNED counsel for the petitioner urged two points before me. Firstly he contended that the sale deed in respect of plot no. 135 execu­ted in the year 1963 was not taken into account by the lower appellate court specially when mutation had taken in the name of transferees and the aforesaid fact was noted in the relevant extracts for the years 1378 to 1380 Fasli. Secondly he urged that the lower appellate court has wrongly treated plots nos. 62, 83, 107, 141 and 142 as irrigated land and thus the calculation of surplus area in the case of the petitioner is paten­tly erroneous. Learned counsel for the opposite parties urged before me that the plea based on sale deed of the year 1968 was not raised before the Pres­cribed authority, hence the appellate court was fully justified in not per­mitting the point to be raised at the appellate stage and thus the appel­late court did not commit any mistake of law apparent on the face of the record. Secondly it was pointed out to me that the judgment of the appellate authority did not suffer from any mistake of law apparent on the face of record as it was based on appreciation of the evidence.
(3.) I have examined the respective contentions of the parties I think that this writ petition should succeed and the judgment of the appellate court should be quashed.;