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1995 Supreme(SC) 888

FAIZAN UDDIN, M.M.PUNCHHI
Sanjay Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.SRIVASTAVA, K.S.Chauhan, N.K.AGRAWAL, SATISH CHANDRA AGRAWAL

JUDGMENT :- The question that arises for determination in this appeal is whether involuntary transfers such as a Court sale, is a transaction valid under the provisions of sub-sections (6) and (8) of Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (for short the Ceiling Act), and to be reckoned in decreasing the surplus area?

2. One Jagdish Chander was a tenure-holder in village Bijeser Bijoria, Distt. Shahjahanpur in the State of U. P. He had a large holding being over 100 acres of land. On 10-10-1974, he was served with a notice containing the necessary statement of his holding under the provisions of Section 10 (2) of the Ceiling Act. A proposal was appended therewith as to which of his area was proposed to be declared surplus. The tenure-holder thereafter filed certain objections. His objections maintly were that his entire holding was unirrigated and had wrongly been termed as irrigated and for this twist, he gave various reasons. He also raised the plea that he had one major unmarried daughter and therefore was entitled to get two additional hectares of land for her. He did not mention about his son. Perhaps he was a minor on the crucial d
























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