( 1 ) LEAVE granted.

( 2 ) THE proceedings were initiated under the Gujarat Agricultural Lands Ceiling Act, 1960 (for short, "the Act") to determine the ceiling area and the surplus area. The respondent claimed that under an agreement dated 14/10/1969, thirty acres of land had been transferred in favour of the respondents mother which was duly recognised by mutation proceedings dated 15-9-1971. The question is whether it is to defeat the provision of the Act. Sub-section (1) of S. 8 of the Act reads thus:

"8. Transfers or partitions made after 15/01/1959 but before commencement of this Act. (1) Where after 15th day of January, 1959 but before the commencement of this Act or after 24th day of January, 1971, but before the specified date, any person has transferred whether by sale, gift, mortgage, with possession, exchange lease, surrender or otherwise or partitioned any land held by him, then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act. Where such transfer or partition was made after 15th day of Janu