NDLI: State of U.p. Vs. Civil Judge, Nainital & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Uttar Pradesh Imposition of Ceilings on Land Holdings Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Imposition of Ceiling on Land Holdings Act, 1960 (1 of 1961)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Uttar Pradesh Imposition of Ceilings on Land Holdings Act 1960/Uttar Pradesh Imposition of Ceiling on Land Holding Rules, 1961: Sections 5, 9 & 10/Rule 19-'Surplus Land'-Determination of- Principle applicable-Is date on which ceiling is imposed by statute. Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 provided that on and from the commencement of the U.P; Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, which came into force on 8.6.1973, no tenure-holder would be entitled to hold in the aggregate throughout Uttar Pradesh, any land in excess of the 'ceiling area', as defined in sub-s.(2) of s.3 of the Act.Since Smt. Amna Begum, the tenure-holder was holding in the aggregate land in excess of the ceiling area, she became liable to surrender the surplus land. Pursuant to a general notice issued under s.9 to all tenure-holders, holding land in excess of the ceiling area, she did not fileany statement before the Prescribed Authority. After the publication of the general notice but before she could be served with a notice unders. 10(2) she died. The Prescribed Authority not knowing of her death issued a notice under s.10(2) calling upon her to show cause why the statement prepared by him under s. 10(1) should not be taken as correct. The father of respondent No. 4, one of the heirs, filed objections which were. over-ruled, and it was declared that Smt. Amna Begum was holding 17 .37 hectares of land as surplus land.The District Judge holding that since the tenure-holder was dead by the time the notice under s.10(2) was issued, the order of the Prescribed Authority passed against a dead person .could not be allowed to stand, allowed the appeal, set aside the order of the Prescribed Authority and remanded the case. Fresh notices under s.10(2) were issued to the heirs. Respondent No. 3 contended that she held only 91.12 bighas of land as her one-fourth share and that 12 acres of land had been transferred through registered sale deed for adequate consideration and in good faith and the land to that extent should be excluded from the holding while determining the surplus land and that the determination of the surplusland should be made on the basis of the share held by each of them as an individual tenure-bolder. The Prescribed Authority held that there was no surplus land that could be claimed from the holding in question since none of the heirs of deceased tenure-bolder was in possession of the land in excess of the ceiling area.
Judge	Honble Mr. Justice E.S. Venkataramiah
Neutral Citation	1986 INSC 227
Petitioner	State Of U.p.
Respondent	Civil Judge, Nainital & Ors.
SCR	[1987] 1 S.C.R. 99
Judgement Date	1986-11-05
Case Number	3947

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