The appellant filed an appeal which was partly allowed by the First Additional Civil Judge.
The appellant filed a writ petition in the High Court which was dismissed by the High Court by judgment dated August 31, 1979.
P. Act 2 of 1975 was brought into force with effect from June 8, 1973.
Premwati, wife of the appellant, and Virendera Bahadur Singh and Tej Vir Singh, sons of the appellant.
It was also stated that Chhiddu Singh died on April 28, 1973.
1975, whereby the area of surplus land was reduced to 42 Bighas, 13 Biswas and 6 Dhur.
Feeling aggrieved by the said judg ment of the High Court the appellant has filed this appeal after obtaining special leave to appeal.
U.P. Act 18 of 1973 hereinafter referred to as the 1973 Act which came into force on June 8, 1973.
1960 hereinafter referred to as the Act .
From the Judgment and Order dated 31.8.1979 of the Allahabad High Court in Misc.
4994 of 1975 filed by the appellant.
The U.P. State legisla ture enacted the U.P. Imposition of Ceiling on Land Holdings Amendment Act, 1972.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
the father of the appellant, had executed a registered gift deed dated October 13, 1971 in respect of Plot No.
4994 of 1975 C. Agarwal for the Appellant.
Writ Petition No.
The Act has been enacted by the U.P. State legislature to provide for the imposition of ceiling on land holdings in Uttar pradesh and certain other matters companynected therewith.
The Pre scribed Authority overruled the said objection of the appel lant and ignoring the gift made by Chhiddu Singh, included the said land as part of the holding of the appellant and declared the surplus land of the appellant to the extent of 49 Bighas and 17 Biswas.
5653 1983.
The Judgment of the Court was delivered by C. AGRAWAL, J. This appeal by special leave is direct ed against the judgment of the High Court of Judicature at Allahabad dated August 31, 1979 in Civil Misc.
Among the amendments introduced by the Amendment Act of 1975 was insertion of Explanation I and Explanation II after sub section 1 of Section 5 as substituted by the 1973 Act.
The submission of the appellant was that the said land which was gifted by his father Chhiddu Singh was number inherited by the appellant and it companyld number be treated as part of the holding of the appel lant for the purpose of imposition of ceiling.
A numberice under Section 10 2 of the Act was issued to the appellant and he filed objections wherein it was submit ted that Chhiddu Singh.
Writ Petition No.
111 measuring 63 Bighas, 12 Biswas and 17 Dhur in favour of his wife, Smt.
By the 1973 Act Sections 3 to 8 were substituted and other amendments were made in the Act.
Certain further amendments were made in the Act by the U.P. Act 2 of 1975.
Manoj Swarup and Ashok K. Srivastava for the Respondent.
The said writ petition related to proceedings for determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act.
Roshan Kumari, Smt.
Aligarh, by his judgment dated January 31.
