SANT SINGH versus THE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.

SANT SINGH versus THE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.

Father cannot sell land to himself through minor daughter using mother as guardian; land transferred to private temple after the appointed day is invalid; plots irrigated by tube-well are properly classified as irrigated land under the Act, so holdings are to include all disputed lands.

Parties
Appellant: Sant Singh; Respondents: The Additional District Judge, Jhansi and Others
Jurisdiction
India
Judgment Date
14 February 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Disposition of Appeal From Allahabad High Court, Post Dismissal of Writ Petition
Outcome
Appeal dismissed
Legal Topics
Ceiling on Land Holdings, Transfer of Property, Guardianship, Temple Land, Irrigated Land
Land Law Ceiling on Land Holdings Transfer of Property Guardianship Temple Land Irrigated Land

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Parties

Sant Singh

Appellant

The Additional District Judge, Jhansi and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Disposition of Appeal From Allahabad High Court, Post Dismissal of Writ Petition

Legal Issues

  1. 1 Whether sale of land by father to minor daughter represented by mother before appointed day is valid for exclusion from ceiling holding
  2. 2 Whether land transferred to private temple after the appointed day is excludable from holding
  3. 3 Whether plots treated as irrigated land under the Act should have been treated as unirrigated

Ratio Decidendi

Father cannot sell land to himself through minor daughter using mother as guardian; land transferred to private temple after the appointed day is invalid; plots irrigated by tube-well are properly classified as irrigated land under the Act, so holdings are to include all disputed lands.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No costs