JUDGMENT :

MANISH MATHUR, J.

1. Heard Mr. V.K. Pandey, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed assailing the order dated 09.12.1991 passed by the Prescribed Authority Ceiling as well as Appellate Court Order dated 31.10.1995, whereby certain portion of petitioner's holdings have been held to be surplus in view of provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960.

3. Learned counsel for petitioner submits that petitioner had purchased the property in question recorded as Gata No. 277/39, measuring area 4.51, total area 12.50 of village Gajraura, Pargana Palia, Tahsil Nighasan, District Kheri by means of registered sale-deed dated 02.04.1971 and has been continuously in possession of the aforesaid land till passing of the impugned orders. It is submitted that although the said sale-deed is subsequent to the cut off date of 24.01.1971 as amended to 08.06.1973 by means of amending Act, 1972 but the authorities below have failed to consider the specific provisions of Section 5(6)(b) of the Act, 1960 and have reached incorrect conclusion regarding the sale-deed having been executed in good