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november 1986

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.

STATE OF U.P. vs CIVIL JUDGE, NAINITAL & ORS. · Niyam