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2007 Supreme(All) 1065

TARUN AGARWALA
INDRAPAL SINGH – Appellant
Versus
PRESCRIBED AUTHORITY, MEERUT – Respondent


Advocates:
Counsel :
Tej Pratap Singh, R.N. Singh, S.K. Garg, A.K. Rai, G.K. Malviya, Anupam Kumar and V.K. Singh for the Petitioners; J.K. Khanna, Vinod Sinha, L.N. Pandey, Mahesh Sharma, N.P. Pandey, G.P. Yadav, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act was initiated against Dilawar Singh asking him to show cause as to why 9 bighas 14 biswas and 9 biswansi of irrigated land should not be declared as surplus. Sri Dilawar Singh filed his objections denying holding of any surplus land and submitted that vide two sale-deeds dated 19.9.1970, he had transferred the land pertaining to Khasara No. 170 consisting of 8 bighas, 11 biswas and 7 biswansi. Similarly, Khasara No. 106 was transferred in favour of Vimla Devi vide sale-deed dated 25.8.1971 whose name was also mutated in the revenue records and that the said person was in cultivatory possession. It was also alleged that he had executed a registered will deed dated 27.5.1974 in favour of his grandson Indrapal and Amar Deep. It was also alleged that plot Nos. 1020, 1022, 1034 and 1036 were grove land and therefore, such land could not be included as surplus irrigated land.

2. The Prescribed Authority, vide an order dated 28.8.1974, partly allowed the objection, holding that the sale-deed dated 9.9.1970 was genuine and that the land was actually transferred. The
























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