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1. Justice Fazalali
2. Justice Sayed murtaza
Decided on
1. This case is firstly filled in the district court in and court given the
decision in the favor of the appellant and again the respondent file a
writ petition in the Allahabad high court where court also dismiss the
appeal
Fact of the case
28, 1972 the donor gifted away certain lands in favor of his grand-
daughter, the appellant, daughter of a pre-deceased son. On January
The gift having been made after the prescribed date , the
Prescribed Authority ignored the gift for purposes of section 5 (6) of
the Act.
Issue before the court
1. The transfer of gift is valid because for a valid gift these are the
essential ingredient of a valid gift these are free consent, proper
authority , no consideration .these all ingredient is fulfilled by the
appellant .
2. Legislature doesn't need to give all the definition of the common
word which is used in daily conversant.
Argument of defendant
1. The transfer of gift is void because the section 5(6) of the U.P.
Imposition of Ceiling on Land Holdings Act 1960 said that for the
valid gift consideration is necessary and that is adequate
consideration.
2. 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 this Act, shall be ignored and not taken into account;
Decision of the court