STATE OF UTTAR PRADESH versus THE DISTRICT JUDGE AND ORS.

STATE OF UTTAR PRADESH versus THE DISTRICT JUDGE AND ORS.

Land parted with possession under agreement to sell prior to the appointed day but not followed by registered sale deed remains owned by tenure-holder and must be included in his holding for calculation of surplus land under the Ceiling Act; Section 53-A only protects possession of transferee against transferor and does not affect the owner's holding for purposes of land ceiling provisions; tenure-holder retains ownership and land is part of his holding irrespective of physical possession.

Parties
Appellant: State of Uttar Pradesh; Respondents: The District Judge and Ors.
Jurisdiction
India
Judgment Date
11 October 1996
Procedural Posture
Civil Appeal / Appeal Against Allahabad High Court's Dismissal of Writ Petition; Supreme Court Decision
Outcome
Appeal allowed
Legal Topics
Ceiling Area, Compensation, Agreement to Sell, Possession, Constructive Possession, Transfer of Property Act, Land Ceiling Act, Ownership
Tenancy and Land Laws Ceiling Area Compensation Agreement to Sell Possession Constructive Possession Transfer of Property Act Land Ceiling Act +1 more

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Parties

State of Uttar Pradesh

Appellant

The District Judge and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Allahabad High Court's Dismissal of Writ Petition; Supreme Court Decision

Legal Issues

  1. 1 Whether lands parted with possession under agreement to sell prior to the appointed day must be included in the holding of the tenure-holder for calculating surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
  2. 2 Whether Section 53-A of the Transfer of Property Act prevents such land from being included in the tenure-holder's holding under the Ceiling Act.

Ratio Decidendi

Land parted with possession under agreement to sell prior to the appointed day but not followed by registered sale deed remains owned by tenure-holder and must be included in his holding for calculation of surplus land under the Ceiling Act; Section 53-A only protects possession of transferee against transferor and does not affect the owner's holding for purposes of land ceiling provisions; tenure-holder retains ownership and land is part of his holding irrespective of physical possession.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court and the lower Appellate Court are quashed and set aside.
  • Decision of the Prescribed Authority determining 31 Bighas 10 Biswas 15 Biswansis land as surplus holding of Respondent No. 3 is restored.