DILAWAR SINGH (DEAD) THROUGH LRS. versus ADDL. DISTRICT JUDGE, GHAZIABAD

DILAWAR SINGH (DEAD) THROUGH LRS. versus ADDL. DISTRICT JUDGE, GHAZIABAD

The gift deed was a sham transaction and does not bind the Government; transfers effected after the notified date are ignored for ceiling computation. Lands covered by the sham gift deed are not excluded from appellant's holdings under the Act.

Parties
Appellant: Dilawar Singh (dead) through LRS.; Respondent: Addl. District Judge, Ghaziabad
Jurisdiction
India
Judgment Date
13 September 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Land Ceiling, Validity of Transfer, Sham Transactions, Computation of Ceiling Area
Land Law Land Ceiling Validity of Transfer Sham Transactions Computation of Ceiling Area

Case Brief

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Parties

Dilawar Singh (dead) through LRS.

Appellant

Addl. District Judge, Ghaziabad

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment

Legal Issues

  1. 1 Whether lands covered under the gift deed are to be excluded from appellant's holdings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960

Ratio Decidendi

The gift deed was a sham transaction and does not bind the Government; transfers effected after the notified date are ignored for ceiling computation. Lands covered by the sham gift deed are not excluded from appellant's holdings under the Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.