GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are filed against the judgment and order dated 10/10/1980 passed by the Punjab and Haryana High court in Letters Patent Appeals Nos. 657 and 682 of 1980 dismissing the LPAs in limine.

(2.) The brief facts of this case are as under: One Smt Charanjit Kaur was the owner of land admeasuring 692 bighas and 2 biswas in Village Piand, Tahsil and District Patiala in the erstwhile State of Pepsu. By a sale deed dated 5/6/1959, she sold 306 bighas and 6 biswas of land for a consideration of Rs 20,000. 00 to the appellants, Respondents 19 and 20 and predecessor-in-title of Respondents 16 to 18 (Bisan Singh). Respondents 5 to 15 were the sitting tenants; they filed applications under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as "the Tenancy Act") on 15/3/1961 before the Revenue Authorities for grant of proprietary rights of the lands of which they were tenants. Those applications were allowed by order dated 13/9/19611. The appellate authority remanded the matter to the prescribed authority by order dated 7/9/1962. Again the Assistant Collector, 1st Grade, Patiala by his order dated 27/2/1963 allowed the purchase applications. The transferee-landowners preferred appeals to the Collector, Patiala. Those appeals were dismissed on 30/8/1963. The revision petitions filed before the Financial Commissioner were also dismissed by order dated 4/5/1964. Those orders were challenged by filing writ petitions before the High court. Again by order dated 14/6/1966, the High court remanded the matter for de novo decision and the authorities were directed to determine the following issues:

(3.) The Assistant Collector by order dated 29/6/1967 decided the aforesaid three questions in favour of the tenants and allowed the applications filed by the tenants. The appeals filed by the landowners before the Collector were also dismissed by order dated 26/3/1968. Revision petitions filed by the transferees were also dismissed by the Financial Commissioner by order dated 27/4/1973. At this stage, we would refer to some of the findings given by the Financial Commissioner. He arrived at the conclusion that it was established that Smt Charanjit Kaur owned 692 bighas 2 biswas of land in accordance with the entries of Jamabandi for the year 1952-53. Out of this land 581 bighas 17 biswas was Banjar Kadim, 128.16 bighas Gair Mumkin, 9 bighas 1 biswa Barani and 88 bighas 8 biswas Nehri. He also arrived at the conclusion that on record Smt Charanjit Kaur owned land to the extent of 51.38 standard acres as on 1/8/1956 and she became a direct landowner from Kharif 1955 onwards when the land was reclaimed and cultivated. He also came to the conclusion that there was no force in the contention that banjar land could not be included in the land while determining surplus area of Smt Charanjit Kaur. He, therefore, held that Charanjit Kaur was holding more than 30 standard acres, i. e. , 51.38 standard acres on 1/8/1956 and the tenants sitting on the land could not be ejected in view of the provisions contained under Section 7-A of the Tenancy Act.