AIR 1978 ALLAHABAD 253 ::1978 ALL. L. J. 268 ::(1978) 4 All LR 605 ::1978 All WC 449

Allahabad High Court

Hon'ble Judge(s): Deoki Nandan , J

(A) Constitution of India , Art.226— Error on face of record - U. P. Imposition of Ceiling on Land Holdings Act (1 of 1961), S.12, S.13 - Order under - Propriety of. Where in appeal under S. 13 against order of Prescribed Authority, the Addl. Civil Judge found that in respect of sale deed dated 27-10-1971 (i.e. after 24-1-1971) the consideration amount was on its face inadequate and there was no convincing evidence in support of any genuine need to sell the land, it could not be said that the conclusion of the Addl. Civil Judge that the sale was not made in good faith was in any way vitiated when there was neither any error of law nor of jurisdiction on the face of record. However, when the orders of the Prescribed Authority as well as of the Addl. Civil Judge in appeal were wholly unsatisfactory and did not disclose whether any evidence was led by the writ petitioner on the aforesaid point, notwithstanding the fact that the finding on this point did not suffer from any error of law, in the interest of justice the two orders on this point must also be quashed if the orders were not sustainable on the remaining two points.(Para 3 5) Anno: AIR Comm. Constitution of India (2nd Edn.), Art. 226, N. 171. (B) Uttar Pradesh Imposition of Ceiling on Land H....