JUDGMENT

S.B. Majmudar, J.-In this appeal by special leave under Article 136 of the Constitution of India the appellant State of Uttar Pradesh has brought in challenge the judgment and order 23rd July 1980 of the High Court of Judicature at Allahabad dismissing the writ petition filed by the appellant-State against the order of the Additional District Judge, Agra in proceedings under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act ). The question posed for our consideration is short one, namely, whether a tenure-holder who has entered into agreement to sell some of his lands prior to the appointed day and has parted with possession thereof is liable to include in his holding the said lands when actual sale of these lands has not taken place. The High Court has answered this question against the appellant-State.

2. It is the submission of the learned counsel for the appellant-State that the said decision of the High Court is erroneous in law. We may mention that at the time of issuance of notice in these proceedings it was clearly indicated to the respondent tenure-holder that the notice was being issued in view of paragraph (g)