NDLI: Darshan Prashad and Anr. Vs. Civil Judge Ii, Gorakhpur and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ceiling on land holdings
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Act, 1976 (0 of 1976) U.p. Imposition of Ceiling on Land Holdings Act, 1960 (1 of 1961)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. Imposition of Ceiling on Land Holdings Act, 1960/U.P. Act No. 20 of 1976: Ss. 3(7), 5(3), 10(2), 38-A, 38-B-Agricultural lands-Ceiling-Determination of - Land held by wife as separate tenure-holder, living separately without obtaining a decree for judicial separation-Whether can be included in the land of husband while determining ceiling area: Family-Whether includes wife living separately without obtaining judicial separation .Issuance of fresh notice under s.10(2) after enforcement of U.P. Act No. 20 of 1976-Validity of-Whether decision in earlier proceedings operates as res judicata. Words and Phrases: 'Family', 'Judicial separation', 'Judicially separated wife'-Meaning of. A notice under s.10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended by the U.P. Act No.20 of 1976, was issued to the appellant; and his objections thereto were dismissed by the Prescribed Authority. Thereupon two appeals were filed ,before the appellate authority-one by the appellant and another by his wife claiming herself to be the judicially separated wife. It was stated that she was living separately and the appellant gave her certain lands for maintenance in respect of which she obtained a decree of injunction restraining the appellant-husband from interfering with her possession; and her ownership with respect thereto was recognised in consolidation proceedings as well as in the earlier ceiling proceedings. Both the appeals were dismissed by the appellate authority and the writ petitions thereupon filed by the appellants were also dismissed by the High Court.In appeal to this Court it was contended by the appellants that (1) the lands of the wife, who was living separately, could not be clubbed with the lands of the husband even though a judicial separation may not have taken place; and (2) the notice issued under s.10(2) was illegal and without jurisdiction inasmuch as ceiling area in respect of the appellants had been determined before coming into force of Amendment Act No.20 of 1976 and the order passed in the earlier ceiling proceedings would operate as res judicata.
Judge	Hon'ble Mr. Justice N.M. Kasliwal
Neutral Citation	1992 INSC 82
Petitioner	Darshan Prashad And Anr.
Respondent	Civil Judge Ii, Gorakhpur And Ors.
SCR	[1992] 2 S.C.R. 265
Judgement Date	1992-03-13
Case Number	2838

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Darshan Prashad and Anr. Vs. Civil Judge Ii, Gorakhpur and Ors.

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