AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
1994 (11) TMI 437
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of irrigated land. While determining his, holding, it is necessary to mention, the lands transferred by him in favour of the appellant Ravindra Singh and his wife Smt Kamla Devi under sale deeds dated 2-9-1975 (in respect of 6 acres 66 decimals of land) and dated 3-9-1975 (in respect of 6 acres 67 decimals of land) were included in his holding, inasmuch as the said sale deeds were subsequent to 24-1-197 1. This was done following the provision in sub-section (6) of Section 5 of the Act, which reads as follows: "(6) In determining the ceiling area applicable to a tenure- holder, any transfer of land made after the twenty-fourth day of January, 197 1, which but for the transfer would have been declared surplus land under this Act, shall....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of land surrendered by him, Phool Singh filed a writ petition in the Allahabad High Court which was dismissed oil 26-3-1979. Phool Singh carried the matter to this Court by way of SLP No. 4975 of 1979 which was dismissed by this Court oil 7-5-1981 under the following order: "Special leave petition dismissed but the petitioner will be entitled to choice in respect of plots forming the subject- matter of the sale deed." Treating the aforesaid order of this Court as an authority entitling him to surrender land of his choice, Phool Singh wanted the Authorities to accept the surrender of the land transferred in favour of the appellant and his wife. The Authority accepted the said surrender overruling the objections of the appellant....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... total surplus area the same proportion as the area originally held by her bore to the total land held by the family; (c)where any person holds land in excess of the ceiling area including any land mortgaged to the State Government or to a bank as defined in clause (c) of Section 2 of the Uttar Pradesh Agricultural Credit Act, 1973 or to a cooperative land development bank or other cooperative society or to the Corporation or to a Government Company, the Surplus land to be determined shall, as far as possible, be land other than that so mortgaged; (d)where any person holds land in excess of the ceiling area including land which is the subject of any transfer or partition referred to ill Sub-section (6) or Sub-section (7) of Section 5, t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r except where such transfer is saved by the proviso to subsection (6) of Section 5; (b)In the matter of surrender, however, the Prescribed Authority Is entitled to insist that the tenure-holder surrender land which is not the subject-matter of transfer referred to in Section 5(6); (c)If, however, surrender of surplus land by the tenure-holder is not possible or feasible without including the transferred land, then the Prescribed Authority will accept such surrender, in which event transfer of such land shall be deemed to be null and void; (d)Where the Prescribed Authority accepts the Surrender of transferred land, the transferee is entitled to compensation and other rights as are provided ill Sub-clause (1) of clause (co of the provi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....this course because they felt that the order of this Court dated 7-5-1981 entities the respondent Phool Singh to surrender such land as he chooses. We are of the opinion that they were not right in construing this Court's order in the above manner. Firstly, the appellant herein was not heard (he says that he was not even a party to the said SLP) before passing such order. Secondly, the said order cannot be understood as laying down a proposition contrary to law. All that it says is that the petitioner therein, i.e., respondent Phool Singh "will be entitled to choice in respect of plots forming the subject-matter of the sale deed". The said words are not capable of being construed as authorising Phool Singh to surrender the tra....