Section 53A of the Transfer of Property Act protects the rights of transferees to remain in possession of the property, even in the absence of a completed transfer of title.

Rajesh Balia, J.-This special appeal raises a question about the validity of option given by the predecessor of appellants in surrendering the surplus land of his holdings as determined in ceiling proceedings.

2. The ceiling proceedings were initiated in the case of Ugam Singh, whose sons are the present appellants, under Chapter Ill-B of the Rajasthan Tenancy Act, 1955. Ugam Singh, an exJagirdar, had certain lands in villages Chohtan, Kaparau, Itada and laisar in Distt. Barmer. Said Ugam Singh had claimed certain lands to be not his holdings on the basis of transfers made by him. These proceedings relate to one of such lands which according to him did not belong to him and was held by the respondents. The lands in respect of which the transactions for transfer claimed by said Ugam Singh, were all transfers made in favour of (1) Jaswanta Ram by way of a registered sale deed. This transfer related to 8 bighas 19 biswas of land of Khasra No. 550/3 and 12 bighas 10 biswas of Khasra No. 551/3 at village Chohtan. (ii) Another land which was claimed by Ugam Singh, not to be his own but transferred by him under a written document, was to Multanmal sb. Parasram of Choutan. This related to 271 bighas of land of Khasra No. 675 situated in village Hada, which is the subject matter of this appeal, (iii) Lastly, the third transfer alleged to be made by Ugam Singh was of 322 bighas of land in Khasra No. 110/5 in village Jaisar by way of a gift deed in favour of Peerchand s/o Bheekchand.

3. In the first instance, by order dated 18.11-71 the Competent Officer under Chapter Ill-B, viz., the Assistant Collector(Ceiling), Banner, accepted the claim of the declarant by holding that the three lands, referred to above, were not includible in the holding of Ugam Singh and excluding the aforesaid lands determined the holding of Ugam Singh. It was found that Ugam Singh had two members in his family and according to Rule 16 he could hold 30 standard acres of land. Therefore, he did not have any surplus land in his hand which could be acquired in the ceiling proceedings. The proceedings were accordingly dropped.

4. While determining the ceiling case of Ugam Singh on 18. 11 .71, it was noticed by the Competent Authority that all transfers were prior to 312.69, and therefore, recognisable.

5. We may notice here that under Chapter Ill-B, as it stood originally under Section 30D, all transfers of whatever nature except by way of partition amongst co-sharers, after 25th Feb., 1958 were not recognisable. However, subsequently through amendment of Chapter 111-B vide Amending Act No. 1 certain transfers made upto 312.69 were recognised by inserting Section 30DD.

6. However, ceiling proceedings were reopened under Section 15(2) of the Rajas-than Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter called, ‘Act of 1973’) and a fresh order was made determining the holdings as on 4.66 by Ugam Singh on 12.81. Additional Collector, Barmer, the Competent Authority, did not recognise any of the three transactions referred to above for different reasons. The transaction in respect of lands comprised in Khasra No. 675 at village Itada was not recognised for the reason that it was not evidenced by a registered deed but was only under a written deed which did not pass any title in the land to Multanmal or his successors and interests.

7. In the proceedings, Ugam Singh while claiming the land in question not under his holdings, treating to be a completed sale had also given his option for surrendering the surplus land in case he is found to be in possession of more land than permitted under the ceiling laws. He exercised option for surrendering the land situated in village Itada comprised in Khasra No. 675, which he had transferred under a written but unregistered deed to Multanmal. Multanmal has transferred the said land by registered sale deeds in favour of petitioners- respondents in 1978. This transfer has come after determination of ceiling cas