- (1.) THIS special appeal raises a question about the validity of option given by the predecessor of appellants in surrendering the surplus land of his holdings as determined in ceiling proceedings.
(2.) THE ceiling proceedings were initiated in the case,of Ugam Singh, whose sons are the present appellants, under Chapter III-B of the Rajasthan Tenancy Act, 1955. Ugam Singh, an ex- Jagirdar, had certain lands in villages Chohtan, Kaparau, Itada and Jaisar in Distt. Barmer. Said Ugam Singh had claimed certain lands to be not his holdings on the basis of transfers made by him. THEse proceedings relate to one of such lands which according to him did not belong to him and was held by the respondents. THE lands in respect of which the transactions for transfer claimed by said Ugam Singh, were all transfers made in favour of (i) Jaswanta Ram by way of a registered sale deed. This transfer related to 8 bighas 19 biswas of land of Khasra No.550/3 and 12 bighas 10 biswas of Khasra No.551/3 at village Chohtan. (ii) Another land which was claimed by Ugam Singh, not to be his own but transferred by him under a written document, was to Multanmal s/o. Parasram of Choutan. This related to 271 bighas of land of Khasra No. 675 situated in village Itada, which is the subject matter of this appeal. (iii) Lastly, the third transfer alleged to be made by Ugam Singh was of 322 bighas of land in Khasra No.110/5 in village Jaisar by way of a gift deed in favour of Peerchand s/o Bheekchand. In the first instance, by order dated 18.11-71 the Competent Officer under Chapter III-B, viz., the Assistant Collector(Ceiling), Barmer, accepted the claim of the declarant by holding that the three lands, referred to above, were not includible in the holding of Ugam Singh and excluding the aforesaid lands determined the holding of Ugam Singh. It was found that Ugam Singh had two members in his family and according to Rule 16 he could hold 30 standard acres of land. Therefore, he did not have any surplus land in his hand which could be acquired in the ceiling proceedings. The proceedings were accordingly dropped. While determining the ceiling case of Ugam Singh on 18.11.71, it was noticed by the Competent Authority that all transfers were prior to 31.12.69, and therefore, recognisable. We may notice here that under Chapter III-B, as it stood originally under Sec.30D, all transfers of whatever nature except by way of partition amongst co-sharers, after 25th Feb., 1958 were not recognisable. However, subsequently through amendment of Chapter 1II-B vide Amending Act No.1 certain transfers made upto 31.12.69 were recognised by inserting Sec.30DD. However, ceiling proceedings were reopened under Sec.15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter called, `Act of 1973') and a fresh order was made determining the holdings as on 1.4.66 by Ugam Singh on 13.2.81. Additional Collector, Barmer, the Competent Authority, did not recognise any of the three transactions referred to above for different reasons. The transaction in respect of lands comprised in Khasra No. 675 at village Itada was not recognised for the reason that it was not evidenced by a registered deed but was only under a written deed which did not pass any title in the land to Multanmal or his successors and interests.
(3.) IN the proceedings, Ugam Singh while claiming the land in question not under his holdings, treating to be a completed sale had also given his option for surrendering the surplus land in case he is found to be in possession of more land than permitted under the ceiling laws. He exercised option for surrendering the land situated in village Itada comprised in Khasra No.675, which he had transferred under a written but unregistered deed to Multanmal. Multanmal has transferred the said land by registered sale deeds in favour of petitioners- respondents in 1978. This transfer has come after determination of ceiling case in first instance vide order dated 18.11.71. According to this order, Ugam Singh had 28.647 standard acres of surplus land. A conditional order for resumption of the land offered by petitioner for -surrender was given. The land situated in village Jaisar was subject matter of some pending litigation, accordingly, it was ordered that the determination of surplus land and acqui- sition of surplus land is subject to adjustments as per decision of the Court in respect of the land situated in Jaisar and if the land is held to be Gochar land, the total holdings of the petitioner be reduced by that measure and so also the surplus land shall also stand reduced to that extent. In pursuance of this, option was given by the predecessor of appellants in the course of his ceiling case under Chapter Ill-B read with Sec. 15(2) of the Act of 1973. The said land was sought to be acquired by the State which by that time had come in possession of the respondents No. 4 to 7 under registered sale deed as purchasers from said Multanmal, the transferee from Ugam Singh. Faced with the loss of that land, which was in possession of successor in interest of Multanmal, namely Mala & Bhola sons of Prahlad and Shinya & Natha sons of Lala Ram filed an application before the Addl. Collector that the land in question is encumbered inasmuch as the land in question was transferred under a written deed by Ugam Singh in favour of Multanmal, who was put in possession under said transfer. The applicants are claiming through said Multanmal, as purchasers of land under registered deed. The applicants have a right to remain in possession against the transferor, therefore the said Ugam Singh can not give a valid option to surrender their lands unless the first surrenders unencumbered lands in his possession. In the first instance holder's unencumbered land be resumed, and thereafter only excess surplus land, if any, required to be resumed then for that encumbered land can be persued. ;