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1979 Supreme(All) 771

R.S.SINGH, K.N.SETH
Dadhich Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : V.K.S. Chaudhary.

JUDGMENT :

1. In a proceeding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) some land of Petitioner's father Mohar Singh was declared to be surplus by an order of the Prescribed Authority dated 26th May, 1962. It was further directed that since Khata No. 369, plots of which had been declared as surplus, was joint one, proceedings to demarcate the area be started. The lands of other co-tenure holders Smt. Shanti Bai and Smt. Vidya Bai were also declared surplus by two separate orders of the Prescribed Authority dated 11.6.1962. The aforesaid orders of the Prescribed Authority were modified by the order of the Prescribed Authority dated 10.4.1964. It was held that in Khata No. 114 the share of Mohar Singh was one half, share of Smt. Shanti Bai was one fourth and that of Smt. Vidya Bai was one fourth. Mohar Singh died and thereafter an application on behalf of the Petitioner was filed before the Prescribed Authority in the case of Smt. Shanti Bai and Smt. Vidya Bai to the effect that Khata No. 114 exclusively belonged to him and Smt. Shanti Bai and Smt. Vidya Bai had no shares in it. Smt. Shanti Bai and Smt. Vidya Bai filed objecti




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