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1999 Supreme(Raj) 1004

P.P.NAOLEKAR
Sawai Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:Mr. S.N. Pareek, Mr. Anil Sharma and Mr. Pawan Pareek, Advocates.
For the State :Mr. R.S. Agarwal, Advocate.

JUDGMENT

1. - The ceiling proceedings have started against the petitioners under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. The Sub Divisional Officer declared 22 bigha 16 biswa of land in excess of the ceiling limit and that land was declared as surplus. In appeal, the Collector held that the Authorised Officer had wrongly recognised the transfer of 16 bigha 13 biswa of land which was effected on 14.6.1973 by a sale deed and added to the land held by the holder petitioners and accordingly the Collector declared 39 bigha 9 biswa of land as surplus. In second appeal before the Board of Revenue preferred by the holder petitioners, it was held that 60 bigha of land which the holder inherited from his father, is his land and subject to scrutiny in the ceiling proceedings. Apart from that land 53 bigha of land of Phool Singh, uncle of petitioner no.1, was given to petitioner no.1 under a will, was also held to be the land of petitioners. Out of the land which has been given by Phool Singh, 23 bigha 2 biswa was mortgaged by Phool Singh in favour of some persons. Suit for redemption of mortgage was filed by Phool Singh, but was dismissed as withdrawn on 19.1.1




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