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1978 Supreme(All) 360

SATISH CHANDRA, R. M. SAHAI
Dilbagh Singh – Appellant
Versus
State Of V P. – Respondent


Advocates appeared:
G.N. Verma

JUDGMENT

Satish Chandra, C. J.

1. (FOR self and FOR R. M. Sahai, J.) :- The petitioner claimed to be the tenure holder of plots Nos. 169, 170 and 183, total area 32 big-has on the ground that by virtue of his adverse possession he acquired sirdari rights under Section 210 of the Zamindari Abolition Act.

2. IT appears that one Ram Chandra was recorded in the khatauni as sirdar of these plots. The Prescribed Authority issued notice under Section 10 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960, to Ram Chandra requiring him to file the requisite statement. Ram Chandra filed an objection which was heard, and by an order dated 16th January, 1975, the plots in dispute were determined as surplus area of Ram Chandra. In due course the determination of surplus area of Ram Chandra was published in U. P. Gazette dated 22nd March, 1975.

Subsequently the petitioner, having come to know of these events, filed an objection under Section 14 (3) of the Ceiling Act in April, 1975. He prayed that the declaration of the plots in dispute as surplus area of Ram Chandra be set aside.

3. THE Governor of this State on 10th October, 1975, issued an Ordinance, named as U. P. Imposition of Ceil





























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