N. D. Ojha, J.

1. BY this writ petition the order of the Prescribed Authority dated 6th January, 1975, and the appellate order dated 8th April, 1975, passed by the 1st Addl. District Judge, Rampur, declaring some land to be surplus treating respondent No. 4 Mohammad Yar Khan as its tenure-holder under the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) are sought to be quashed.

2. IT was urged by counsel for the petitioners that Mohammad Yar Khan, respondent No. 4, had executed a sale deed on 9th September, 1971, in respect of his entire holding in favour of the petitioners and the names of the petitioners were also mutated over the land so transferred on 8th June, 1972, and consequently respondent No. 4 was not a tenure-holder on 8th June, 1973, the relevant date contemplated by Section 5(1) of the Act. According to counsel for the petitioners since respondent No. 4 was not a tenure-holder on 8th June, 1973, no proceedings for declaration of surplus land could be initiated against respondent No. 4, the fact of a person being a tenure-holder being the sine qua non for taking such proceedings. IT was urged that the petitioners had