Hari Swarup, J. - (1.) THIS petition is directed against the order of the prescribed authority under the UP Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) and the order of the District Judge dismissing the appeal against that order.
(2.) THE following pedigree is necessary for the facts of the case: Tree Table Harpal Singh filed a suit for partition of the holding and decree for partition was passed on 12 -3 -1959. The property was divided into five parts. 85.94 acres went to Harpal Singh, 12 26 acres to Latur Singh and 12.26 to Chhote Singh and 61.39 acres jointly to the remaining Defendants, namely, Durga Singh, Smt. Bisalo, Bhartu Singh, Man Singh and Ram Baran. These three sons of Durga Singh were minors. From the decree it is apparent that the shares of Durga Singh, his wife and his children were all treated as equal, 1/7th was given to Chhotey Singh, 1/7th to Latur Singh and remaining 5/7th to the other five persons. The property which fell to the share of Durga Singh, his wife and the three minor sons remained joint.
(3.) ON the coming into force of the Act, proceedings were taken for determining the ceiling area in accordance with Section 4 of the Act. The prescribed authority held that the land 61.39 acres was held by Durga Singh and was recorded in his name and ostensibly in the name of three minor sons and wife. Treating the property to be held by a family under the Act he declared that the land in excess of 40 acres would be surplus land. The appeal filed by the Petitioners was dismissed by the Addl. Distt. Judge on the ground that the land allotted to Durga Singh, his wife and three minor sons was held by Durga Singh and was recorded in his name and therefore, it will be treated as the property belonging to Durga Singh representing the family. He, therefore, dismissed the appeal.;