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 of the Government under the Act. A general notice was issued under section 9 of the Act to all tenure-holders holding land in excess of the ceiling area for submission of statements in respect thereof. She did not file any statement before the Prescribed Authority as provided by section 9 of the Act. After the publication of the said general notice but before she could be served with a notice under section 10(2) of the Act to submit her statement, Smt. Amna Begum died. The Prescribed Authority who had no knowledge of the death of Smt. Amna Begum. however, issued a notice addressed to her under section 10(2) of the Act calling upon her to show cause within the period specified in the notice why the statement prepared by him under section 10(1) of the Act should not be taken as correct. The said notice could not, no doubt, be served on her, but one Fazal Ahmad, the father of Shams Ahmad - respondent No. 4, who was one of the heirs of Smt. Amna Begum filed objections before the Prescribed Authority to the notice issued under section 10(2) of the Act. The Prescribed Authority overruled the said objections and declared that Smt. Amna Begum was holding 17.37 hectares of land as surplus land by his order dated November 29, 1975. Aggrieved by that order Fazal Ahmad, since deceased. and Shams Ahmad, son of Fazal Ahmad filed an appeal in Ceiling Appeal No. 541 of 1975 before the Ditrict Judge, Nainital. That appeal was allowed on February 14, 1977. The order against which the appeal had been filed was set aside and the case was remanded to the Prescribed Authority to issue fresh notice to the tenure-holders concerned, if necessary. The reason given in the order passed by the District Judge, Nainital for allowing the appeal was that the tenure-holder, Smt. Amna Begum was dead by the time the notice under section 10(2) of the Act was issued and the order of the Prescribed Authority passed against a dead person could not be allowed to stand. The learned District Judge did not record any other finding on the merits of the case. After remand the case was enquired into by the Prescribed Authority. In that proceeding fresh notices under section 10(2) of the Act was issued to the heirs of Smt. Amna Begum. Smt. Sharifan Begum, respondent No. 3, one of the heirs of Smt. Amna Begum appeared before the Prescribed Authority and contended inter alia that she held only 91.12 bighas of land in village Rehpura, as her one-fourth share in the estate of Smt. Amna Begum along with the other heirs of Smt. Amna Begum. She also pleaded that 12 acres of land had been transferred in favour of Daulat Ram and Prem Nath through registered sale deed for adequate consideration, the transfer was in good faith and, therefore, the said extent of land should be excluded from the holding while