1981 INSC 0178
                                              Manik Singh and Others

                                                           Vs

                                         Prescribed Authority and Others

                                          Civil Appeal No. 7048 of 1981

                                       (Syed M. Fazal Ali, R.B. Misra JJ)

                                                      16.03.1981

                                                     JUDGMENT

1. In support of the appeal the only point pressed by Mr Pramod Swarup for the appellants was that
the Prescribed Authority and the Civil Judge as also the High Court were wrong in not taking into
consideration the area of 16.66 acres in terms of irrigated land which was the subject-matter of a
registered gift executed by Manik Singh in favour of his son Nawab Singh. The claim regarding
other gifts has not been pressed before us. There does not appear to be any substance in them. So far
as the gift in favour of Nawab Singh is concerned, the evidence of Lekhpal as placed before us
appears to be wholly unsatisfactory. On the other hand, there appears to be unimpeachable
documentary evidence to show that immediately after the gift, the land was mutated in the name of
Nawab Singh, the levy and tax papers were shown in his name and from the evidence of Lekhpal it
generally appears that Manik Singh had severed all his connections with the land gifted to Nawab
Singh.

2. In the circumstances, therefore, the appeal allowed to the extent that the area in possession of
Nawab Singh, i.e. 16.66 acres is to be left out from the surplus area of the tenure holder. The
Prescribed Authority will now calculate the fresh area and pass orders according to law. The tenure
holder will be given the choice in the light of this decision.

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