LexSANT SINGH versus THE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.
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SANT SINGH A v. THE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS. FEBRUARY 14, 1996 [K. RAMASWAMY ANDS. SAGf.IIR AHMAD, .TJ.] B U.P. Imposition of Ceiling on Land Holdings Act, 1960. Sections 4A,~Land sold by father to his minor daughter represented by her mother before the appointed day-Whether the land could be taken out C from the holding of fathe1~Held, under personal law, father dwing his life-Time remains to be the legal guardian of the minor--Mother cannot be a legal guardian-Father cannot sell the land to himself-Being the tenure holder, even though the sale was made, the land under sale would be includible in his holding-Land trans/ erred to a p1ivate temple after the appointed day-Transfer invalid and the land is required to be included in D his holding-Lands inigated by tube-well-Treating the lands as inigated lands as held by the Dist1ict Judge on the basis of evidence on record cannot be said to be unwan·anted. Ramadhar Singh v. Presclibed Autholity & Ors., [1994) Supp. 3 SCC 702, referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2477 of 1977. E From the Judgment and Order dated 2.4.77 of the Allahabad High F Court in C.M.W.P. No. 1127 of 1971. Rajiv Dutta for the Appellants. Ashok K. Sriva~tava and Ms. Rachna Gupta for the Respondents . . The following Order of the Court was delivered : This appeal by special leave arises from the order of the High Court of Judicature at Allahabad made in Civil Misc. Writ No.1127/77 on April 8, 1977 summarily dismissing the writ petition. The appellant challenged G the notice issued under Section 5 of the U.P. Imposition of Ceiling on Land H 653 654 SUPREME COURT REPORTS [1996] 2 S.C.R. A Holdings Act, 1960 (for short, the 'Act'). Since the appellant had not voluntarily filed the declaration, notice came to be issued. The Additional District Judge by his order dated February 23, 1977 had negatived three contentions raised by the appellant which are reiterated before us. The first contention is that appellant had sold 10 acres 33 cents of land by registered B sale .deed dated October 26, 1970 to his minor daughter represented by mother. The appointed day is January 24, 1971. Therefore, the sale is valid and it is not in violation of the provisions of the Act. The District Judge, therefore, was not right in clubbing in the appellant's holding of the said land on the ground that the daughter was unmarried. Therefore, she is not' a member of the family. It is seen that sub-section (6) of Section 5 C postulates that in determining the ceiling area applicable to a tenure- holder, any transfer of land made after the twenty-fourth day of January, 1971, which but for the transfer would have been declared surplus. land under the Act, shall be ignored and not taken into account. The proviso provides that nothing in this sub-section shall apply to "a transfer proved D to the satisfaction of the prescribed authority to be in good faith and for adequate consideration and under an irrevocable instrument not being a 'Benami' transaction or for immediate or deferred benefit of the tenure- holder or other members of the family". The question is : whether the sale deed is executed in good faith and for adequate consideration and is not a 'Benami' transaction for the immediate or deferred benefit of the tenure- E holder or other members of the family. 'Family' has been defined under the Act to include wife and minor children in relation to himself or herself and his wife or her husband, as the case may be (other than a judicially separated wife or husband) minor sons and minor daughters (other than married daughters). It is seen that the District Judge had recorded the F finding, as a fact, that she was a minor and the sale deed was executed by the father making the wife as the guardian of the minor daughter. Under personal law, father during his life-time remains to be the legal guardian of the minor and mother cannot be a legal guardian. He cannot sell the land to himself. She being a minor and the appellant being a tenure-holder in respect of the said land,, even though sale was made, the land under sale G would be includable in his holding. In either event the said land admeasur- ing 10 acres 33 cents cannot be taken out from the holding of the appellant. It is next contended that the appellant had transferred 12 plots of land covering an area 13.47 acres to his private temple and therefore, the H said land
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