VIDYA VATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Vidya Vati who is the owner of 56.101/4 "standard acres" of agricultural land in the village Bishanpura, tahsil Jind, District Sangrur, in the State of Punjab, was ousted from the land sometime in 1954 by certain persons who had no title to the land. A civil suit filed by her for a declaration of title and for possession of the land from the trespassers was decreed and she was restored to possession of the land on October 15, 1960.

(2.) The Pepsu Tenancy and Agricultural Lands Act 13 of 1955 was brought into force during the pendency of the civil suit with effect from March 4, 1955. Under S. 5 of the Pepsu Act 13 of 1955 every landowner owning land exceeding thirty standard acres was entitled to select for personal cultivation from the land held by him in the state as a landowner any pared or parcels of land not exceeding in aggregate area the permissible limit and reserve such land for personal cultivation by intimating his selection in the prescribed form and manner to the Collector. Since the land was in the occupation of the trespassers, the appellant did not make any selection of land for personal cultivation. The Act was amended with effect from October 30, 1956 by the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act 15 of 1956 and thereby, amongst other provisions Ch. IV-A was added. The provisions contained a that Chapter were designed to impose a ceiling on the holding of owners and tenants of agricultural land held for personal cultivation within the State and for imposing restrictions on acquisition of land and disposal of surplus area. In respect of the land owned by her the appellant submitted a return in Form VII-A prescribed under the Rules framed under the Act. The Collector of the District after considering the objections of the appellant, declared that she held 21.143/4 standard acres in excess of the ceiling prescribed by the Act. The order of the Collector was confirmed in appeal to the Commissioner, Patiala Division. A petition moved by the appellant under Arts. 226 and 227 of the Constitution for the issue of a writ quashing that order was rejected by Gurdev Singh, J., and an appeal against the order was summarily dismissed by a Division Bench of the High Court. The appellant appeals to this Court with special leave.

(3.) Counsel for the appellant contends that the provisions of Ch. IV-A have no application to the case of the appellant, since she was not in "cultivatory possession" of the land on the appointed date i.e. October 30, 1956, that the appellant has not acquired the land by transfer, exchange, base, agreement or settlement, or by inheritance, bequest or gift from a person to whom she is an heir, and on that account Ss. 32-L and 32-M of the Act have no application to her case; and that in any event the appellant should have been permitted to reserve out of her holding ten acres of land for an orchard under S. 32-K of the Act.