STATE OF U.P. versus BANKE SINGH AND ANR

STATE OF U.P. versus BANKE SINGH AND ANR

A will executed after the specified date (24th January 1971) amounts to a transfer under Explanation-I of Section 5(6) of the Act and cannot be excluded from the calculation of surplus land for the purposes of the Act.

Parties
Appellant: State of U.P.; Respondents: Banke Singh and Anr.
Jurisdiction
India
Judgment Date
25 January 1996
Procedural Posture
Civil Appeal / Appeal From Order of High Court (allahabad), in W.p. No. 1731 of 1985
Outcome
Appeal allowed
Legal Topics
Ceiling on Land Holdings, Exclusion of Land Willed Away, Interpretation of Transfer Under the U.p. Imposition of Ceiling on Land Holdings Act
Land Law Constitutional Law Ceiling on Land Holdings Exclusion of Land Willed Away Interpretation of Transfer Under the U.p. Imposition of Ceiling on Land Holdings Act

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Parties

State of U.P.

Appellant

Banke Singh and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of High Court (allahabad), in W.p. No. 1731 of 1985

Legal Issues

  1. 1 Whether land willed away after the specified date should be excluded from surplus land for purposes of ceiling under Section 5 of U.P. Imposition of Ceiling on Land Holdings Act, 1960

Ratio Decidendi

A will executed after the specified date (24th January 1971) amounts to a transfer under Explanation-I of Section 5(6) of the Act and cannot be excluded from the calculation of surplus land for the purposes of the Act.

Court Disposition

Appeal allowed

Orders

  • Order of High Court and appellate authority to exclude 1/4th share of land is set aside
  • Land devised by will executed on February 10, 1978 shall not be excluded from surplus for ceiling determination