JUDGMENT :

1. Heard learned counsel for parties.

2. This petition raises the issue of whether a will when executed would amount to a transfer as contemplated under Section 5(6) of the U.P. Imposition of Ceiling on Land Holdings Act 1960[The Act] . Before proceeding to answer the question as framed it would be pertinent to notice the following essential facts.

3. The original tenure holder Devi Dutt had two sons namely Sheo Sampat Lal and Rishal Chandra. Sheo Sampat Lal had one son Raj Narain who died in 1954. However, Raj Narain on 23 April 1954 executed a will in favour of the petitioner bequeathing his share in the ancestral property. It is stated that on the basis of the aforesaid will the name of the petitioner was entered in the revenue records on 1 January 1955. Rishal Chandra had one son named Ram Chandra, the father of the present petitioner. During the course of consolidation operations chaks were carved out equally between the petitioner and Ram Chandra. Ram Chandra, the father of the petitioner, is stated to have entered into a second marriage from which Munish Chandra and Subhash Chandra were born. Since the petitioner already stood recorded over half of the ancestral prop