Supreme Court of India · 1986-11-05
STATE OF U.P. vs CIVIL JUDGE, NAINITAL & ORS.
- Citation / case number
- SC 1986/69811
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- CIVIL JUDGE, NAINITAL & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that under Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, a tenure-holder cannot hold land exceeding the ceiling area. The Court ruled that the order of the Prescribed Authority against a deceased tenure-holder was invalid, as it contravened the principles of natural justice. The appeal by the State Government was allowed, and the case was remanded for fresh disposal, clarifying that the heirs' holdings must be assessed individually.