(1) LEAVE was granted in this case confined to the validity of the Sale Deed dated 22/04/1969 executed by the appellant in favour of his son in the context of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

(2) IT has to be seen under what provision of the Act can the validity of the sale executed prior to 24/01/1971, the appointed day, be gone into? Sub- section (6 of Section 5 of the said Act says that in determining the ceiling area applicable to a tenureholder, any transfer of land made after the 24th day of January, 1971, which but for the transfer would have been declared as surplus land under the Act shall be ignored and not taken into account. The proviso (b) thereto, inter alia, provides that a transfer proved to the satisfaction of the prescribed authority to be in good faith and for adequate consideration and an irrevocable instrument, not being of benami transaction or for immediate or deferred benefit for the tenureholder or other members of the family, is outside the scope of the aforesaid sub-section. Thereafter Explanation II provides that the burden of proving that a case falls within clause (b) of the proviso shall rest with the party cla