DARSHAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE holding of the Appellant, Darshan Singh, on April 15, 1953, the date on which the Punjab Security of Land Tenures Act, 1953 (Punjab Act 10 of 1953), came into force, was 78 standard acres and 5| units. He, being a displaced person, was entitled to permissible area of 50 standard acres according to proviso (ii) to Sub -section (3) of Section 2 of the Act. His land was situate in the area of two villages, the area in village Shafipur being 70 standard acres and 14 -3/4 units and in village Mohra Khurd 7 standard acres and 7 units. He was in excess by 28 standard acres and 5 -3/4 units and the area declared surplus was the whole of the holding of 7 standard acres and 7 units of village Mohra Khurd and 20 standard acres and 14 -3/4 units in village Shafipur.

(2.) AFTER April 15,1953, the Appellant sold 60 Kanals and 10 Marias land on April 13, 1958, to Jagat Singh, Kishan Singh and Bhagwan Singh, vendees, 96 Kanals and 7 Marias to Paramjit Kaur, Respondent 3, on April 30, 1959, and 96 Kanals and 15 Marias to Karam Singh and Charan Singh, Respondents 4 and 5, on July 3, 1959.

(3.) THE learned Single Judge has very rightly pointed out that there is nothing in the Act which prohibits transfer of land with a landowner, but that all that Section 10 -A provides is that certain transfers made after the coming into force of the Act, that is to say after April 15, 1953, shall be ignored for the purpose of utilization of the surplus area of such an owner. So that if a landowner has more than his permissible area, there is nothing in the Act which bars him from transferring any part of his area. The validity of the transfer is not touched by any provision of the Act. All that Section 10 -A of the Act provides is that the transferred area will also be available for utilization if found surplus with such a landowner. So far there is no difficulty.