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1981 Supreme(All) 179

T.S.MISRA, S.C.MATHUR
Om Prakash Agarwal – Appellant
Versus
First Additional District And Sessions Judge – Respondent


Judgment

S.C. Mathur, J.

1. THESE three petitions arise from proceedings for determination of surplus land under the provisions of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (U. P. Act. No. I of 1961) (hereinafter referred to as the Act). The common question of law raised in these petitions relates to the value to ' be attached to transfer of land effected by a tenure-holder after the date 24-1-1971 mentioned in sub-section (6) of Section 5 of the Act and the date 8-6-1973 with reference to which surplus area under the Act has to be determined in view of the provision contained in sub-section (1) of the said section. THESE petitions earlier came up for hearing before the three different learned Single Judges who finding conflict in the views expressed in certain Single Judge decisions ordered the papers to be laid before Hon'ble the Chief Justice for constituting a Division Bench for resolving the conflict. This is how these petitions came up before us. The petitions have been heard together.

2. IN Ziledar's petition the learned Single Judge has formulated the questions to be answered by this Bench and this bench is, therefore, required to answer the said questions on


























































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