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1989 Supreme(All) 714

B. L. YADAV
Gurmukh Singh – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
P.K. Singhal, Advocate, for the Petitioners; Standing Counsel, for the Respondents

ORDER

B.L. Yadav, J. - The petitioners were purchasers of the land from Labh Singh son of Harnam Singh, original tenure-holder against whom the notices under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (in short the Act) were issued. The petitioners have purchased the land in the year 1973 from Labh Singh through a Sale deed dated 23/26-6-1973. No notice was given to the petitioners the vendees as required by Section 9(2) of the Act and Rule 8. As soon as the petitioner came to learn they preferred the objection with an application under Section 5 of the Limitation Act. By the impugned orders dated 19-12-1985 and 28-6-85 passed by the respondents Nos. 2 and 3 (Annexures VIII and VI) the application moved by the petitioners for condonation of delay in filing the objection, has been rejected.

2. The learned counsel for the petitioners urged that notice must have been served on the petitioners, the purchasers as the vendor has no right left in the plots, hence notice on vendor is of no consequence rather vital rights of petitioners have been taken away without serving any notice on them in view of Section 9(2) of the Act and Rule 8 of the Rules. As the petiti

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