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1978 Supreme(All) 297

S.P.SINGH
Kedar – Appellant
Versus
District Judge, Banda – Respondent


Advocates Appeared:
R.R.K. Trivedi, S.N. Verma

JUDGMENT

S.P. Singh, J.

1. THE petitioner was served with a notice under Section 10 (2) of the Ceiling Act. Amongst the various objections that he took up, only two are relevant for the purposes of the present petition. One was that there has been an incorrect classification of certain plot of land as irrigated land, while in fact they were not so; and secondly that in 1967 he had entered into an agreement for sale of certain plots of land, and subsequently those plots of land were transferred to various persons in pursuance of a decree passed by the Civil Court on 17-8-1974. These objections did not find favour with the Prescribed Authority. It held that the agreement for sale was fictitious, and that the sale was not affected for adequate consideration. As regards the objection regarding the classification of some plots as irrigated land, it was repelled on the ground that the Lekhpal appearing on behalf of the State had deposed that the classification of land as shown in the notice was correct. An appeal was filed against this order. THE appellate authority held that an agreement for sale would not come within the purview of Section 164 of the U. P. Z. A. and L. R. Act, the land w



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