Judgement

VENKATARAMIAH, J.:- Smt. Amna Begum was a resident of Rehpura viilage, Tehsil Kichha, District Nainital in the State of Uttar Pradesh. She owned a fairly large extent of agricultural land. On 8-6-1973 the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 came into force. Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) provided that on and from the commencement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 no tenure-holder would be entitled to hold in the aggregate throughout Uttar Pradesh, any land in excess of the ceiling area applicable to him or her. The expression ceiling area is defined in sub-section (2) of section 3 of the Act as the area of land not being exempted under the Act, determined as such in accordance with the provisions of section 5 thereof. Since Smt. Amna Begum, the tenure-holder, was holding in the aggregate in the State of Uttar Pradesh land in excess of the ceiling area applicable to her, she became liable to surrender the surplus land, i.e., the land held by her in excess of the ceiling area, applicable to her, in favour