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september 1995

Supreme Court of India · 1995-09-13

DILAWAR SINGH (DEAD) THR. LRS. vs ADDL. DISTRICT JUDGE, GHAZIABAD

Citation / case number
SC 1979/62794
Court
Supreme Court of India
Petitioner
DILAWAR SINGH (DEAD) THR. LRS.
Respondent
ADDL. DISTRICT JUDGE, GHAZIABAD
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the findings of the lower courts that the gift transaction was a sham intended to evade the ceiling imposed under Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Court clarified that under Section 5(6), any transfer made after the notified date of August 20, 1959, must be ignored when determining surplus land. Consequently, the appellant's claim to exclude the gifted land from his holdings was denied, affirming the lower courts' decisions.

DILAWAR SINGH (DEAD) THR. LRS. vs ADDL. DISTRICT JUDGE, GHAZIABAD · Niyam