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2007 Supreme(All) 3127

S.U.KHAN
Raja Mahipal Singh (Since Deceased Narendra Singh) – Appellant
Versus
State of U. P. IIIrd Addl. District Judge and Prescribed Authority (Ceiling) – Respondent


JUDGMENT :

S.U. KHAN, J.

1. Heard learned Counsel for the parties.

2. This writ petition is directed against judgment and order dated 13.11.1978 passed by III Additional District Judge, Hamirpur in ceiling Appeal No. 526 of 1978, copy of which is Annexure 2 to the writ petition. The said Annexure does not contain any date. In the prayer clause of the writ petition, it is mentioned that the said judgment is dated 13.11.1978. Initially prescribed authority under Ceiling Act had passed the order on 29.6.1976 declaring an area of 44.43 acres of irrigated land as surplus land hold by the petitioner under U.P. Imposition of Ceiling on Land Holdings Act 1960. The said order was modified to some extent by the appellate court.

3. The main dispute in between the parties is regarding four gift deeds and one sale deed executed by the petitioner prior to 24.1.1971. Four gift deeds were executed by petitioner in favour of his grandsons and grand daughters on 24.1.1970, 31.1.1970 (two gift deeds) and 2.2.1970. Area covered by these four deeds was about 70 acres. The dispute is also in respect of sale deed executed in January 1970 by the petitioner in favour of his barber Dhani Ram area 3.27 acres. Co


















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