Judgment

B.P.JEEVAN REDDY, J.

(1) LEAVE granted.

(2) HEARD the counsel for both the parties.

(3) RESPONDENT Phool Singh filed a declaration of his agricultural holding as required by and under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After an appropriate inquiry, the Prescribed Authority determined his holding. According to the said determination, he was holding surplus land to the extent of 8..26 acres of irrigated land. While determining his holding, it is necessary to mention, the lands tRANSFERRED by him in favour of the appellant Ravindra Singh and his wife Smt Kamla Devi under sale deeds dated 2/9/1975 (in respect of 6 acres 66 decimals of land) and -dated 3/9/1975 (in respect of 6 acres 67 decimals of land) were included in his holding, inasmuch as the said sale deeds were subsequent to 24/1/1971. This was done following the provision in Ss. (6 of Section 5 of the Act, which reads as follows:

"(6 In determining the ceiling area applicable to a tenure-holder, any transfer of land made after the twenty-fourth day of January, 1971, which but for the transfer would have been declared surplus land under this Act, shall be i