Case Note & Summary
The dispute concerned the determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The State of Uttar Pradesh appealed by special leave against an order of the High Court of Allahabad, Lucknow Bench, which had upheld the exclusion of a one-fourth share of land from the surplus land pool on the basis of a will. The underlying proceedings arose from a ceiling case where a landholder's holding was to be assessed, and objections were filed claiming that certain land should be excluded because it had been devised by will. The primary authority had rejected the objection on July 30, 1983, but the District Judge in appeal allowed the exclusion on November 9, 1983, relying on a will dated September 2, 1978, executed by Smt. Gajraji in favour of her brother's grandson. The High Court dismissed the State's writ petition on September 21, 1988, leading to the present appeal. The Supreme Court noted that the respondents were not represented, and the appellant was directed to produce the relevant records. The core legal issue was whether the devise under the will, made after the specified date of January 24, 1971, fell within the meaning of 'transfer of land' under Explanation I to Section 5(6) of the Act and therefore had to be ignored for purposes of determining surplus land. The Court examined Section 5(6), which provided that any transfer of land made after January 24, 1971, that would have rendered the land surplus under the Act, shall be ignored and not taken into account. Explanation I to that sub-section defined 'transfer of land' to include, among other things, any admission, acknowledgement, relinquishment or declaration in favour of a person to the like effect, made in any other deed or instrument or in any other manner. The Court observed that the will was executed on February 10, 1978, long after the specified date, and that by the will the owner Gajraji bequeathed her one-fourth share to her brother's grandson. This devise was construed as a transfer 'in any other manner' within clause (b) of Explanation I. Consequently, the Court held that the will had to be ignored for the purpose of determining surplus land. The High Court and the appellate authority had erred in directing the exclusion of the said land. The Supreme Court accordingly allowed the appeal, set aside the orders of the High Court and the appellate authority to the extent of exclusion, and directed that the land be considered as part of the surplus land. No costs were awarded.
Headnote
A) Land Ceiling - Transfer by Will - Section 5(6) and Explanation I, U.P. Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act No.1 of 1961) - Any transfer of land made after 24 January 1971 that would have rendered land surplus must be ignored; the expression 'transfer of land' includes a devise made 'in any other manner' under Explanation I - The will executed by the landholder bequeathing her 1/4th share after the specified date was a transfer that should have been ignored; the appellate authority and High Court erred in excluding that share from surplus land, and the appeal was allowed with no costs - Held that the devise under the will executed on February 10, 1978 fell within Explanation I(b) and was to be ignored for determination of surplus land (Paras Not mentioned).
Issue of Consideration
Whether a devise under a will executed after January 24, 1971 constitutes a transfer that must be ignored under Section 5(6) and Explanation I of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, for determining surplus land.
Final Decision
Appeal allowed. The order of the High Court and appellate authority excluding the land was set aside. The will dated 10 February 1978 was held to be a transfer in any other manner under Explanation I(b) to Section 5(6) and shall be ignored for determining surplus land. No costs.
Law Points
- Under Section 5(6) of the U.P. Imposition of Ceiling on Land Holdings Act
- 1960
- any transfer of land made after January 24
- 1971
- which would have resulted in surplus land
- shall be ignored
- Explanation I to Section 5(6) includes any admission
- acknowledgement
- relinquishment or declaration in favour of a person in any other manner as transfer
- A devise under a will executed after the specified date is a transfer in any other manner within Explanation I(b) and must be ignored for determining surplus land.
