SAWARN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Punjab and Haryana High Court summarily dismissing the Letters Patent Appeal filed by the present appellants.

(2.) Mahant Gurnarain, Respondent No. 5, owned 182 standard acres and 11 1/4 units of land in several vil1ages in the Districts of Ambala, Hoshiarpur and Jullundur. The Special Collector, Chandigarh, Respondent No. 4 herein, by an order dated 3-3-1961, declared an area of 132 standard acres, l11/2 units, out of the aforesaid land, as surplus area of the Mahant under the Punjab Security of Land Tenures Act, 1953 (to be hereafter called the Act). Out of this surplus area, land admeasuring 13 standard acres and l1/2 units situate in the revenue estate of Dosanjh Kalan Tehsil Phillaur was allotted by the Circle Revenue Officer to the appellants and Respondent No. 7, and possession thereof was given to them on 15-6-61 in accordance with Rule 20 of the Punjab Security of Land Tenures Rules, 1956 (hereinafter called the Rules).

(3.) On 18-9-1961, the Special Collector excluded the entire area of Respondent 5 in the revenue estate of village Dosanjh Kalan from the surplus pool. This excluded area included the aforesaid 13 standard acres and 11 1/2 units that had been allotted to the appellants. The Collector allowed this area to Jagga (Respondent 6) and his brother, Meet Singh, as their permissible area on the ground that they were tenants of this land on 15- 4-1953.