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1996 Supreme(SC) 1583

G.B.PATTANAIK, K.RAMASWAMY
State Of U. P. – Appellant
Versus
Amar Singh – Respondent


ORDER

All these appeals are disposed of by a common judgment since all the respondents are either sons or daughters-in-law of the tenure-holder by name Kishun Singh.

2. Kishun Singh, admittedly, held 110 acres of agricultural lands. The U.P. Imposition of Ceiling on Land Holdings Act, 1960 was amended. Act 1 of 1972 came into force w.e.f. January 24, 1971. The admitted position is that prior to the Amendment Act came into force on September 10, 1970, Kishun Singh had alienated by registered sale deeds his holdings in favour of his sons and daughters-in-law. When the computation was sought to be made of the surplus land under Section 5 of the Act, the respondents claimed lands as of their own. Accordingly, they sought to be holders of the lands purchased by them under the sale deeds. The Tribunals disallowed it but in the Writ Petition Nos. 384/78 and batch by impugned order October 29, 1979, the High Court allowed the matters and set aside the orders of the authorities. Thus, these appeals by special leave.

3. Shri Pankaj Kalra, learned counsel appearing for the respondents, raised two-fold contention. It is contended that by operation of sub-section (6) of Section 5, any alienations








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