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october 1996

Supreme Court of India · 1996-10-11

STATE OF UTTAR PRADESH vs THE DISTRICT JUDGE & ORS.

Citation / case number
SC 1984/68461
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
THE DISTRICT JUDGE & ORS.
Author
S.B. MAJMUDAR N.P. SINGH
Bench
S.B. MAJMUDAR N.P. SINGH

Judgment text excerpt

The Supreme Court addressed the applicability of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, specifically Section 5(1) and Section 10(2). The Court held that lands covered by agreements to sell, which were not followed by actual sale deeds, remain part of the tenure-holder's holding and must be included in the ceiling calculation. The Court reversed the High Court's decision, affirming that the tenure-holder's claim under Section 53-A of the Transfer of Property Act does not exempt the lands from being counted towards the ceiling limit.

STATE OF UTTAR PRADESH vs THE DISTRICT JUDGE & ORS. · Niyam