JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagir Singh, petitioner, owns 15 Hectares and 45.66 Roods of land. He submitted a declaration in Form "A" prescribed by the Punjab Land Reforms Rules (hereinafter called 'the Rules'). After making due inquiries, the Collector vide his order dated 25th June, 1975, declared 8 Hectares and 45.66 Roods as surplus with him. He has filed this writ petition assailing that order.

(2.) Mr. P.S. Mann, the learned counsel for the petitioner, has argued that the petitioner had transferred 22 acres (174 kanals 15 marlas) of land to his sons in compliance with the decree of the Civil Court on 21st of February, 1972. The petitioner's mother had filed a suit against him claiming maintenance. The suit was decreed by the Civil Court on 22nd May, 1972 and 13 acres of land was transferred to the mother in lieu of the decree passed in her favour and she took possession of the same. According to the learned counsel, these were bona fide transfers and were saved by the provisions of sub-section (5) of Section 4 of the Punjab Land Reforms Act (hereinafter called 'the Act'). He also contended that the petitioners had two adult sons and as such he was entitled to select one unit of permissible area for each of them and if the two units for the sons are excluded then the petitioner is left with no surplus area. In order to appreciate the submissions of the learned counsel it will be necessary to refer to the relevant statutory provisions :

(3.) Regarding the second contention of Mr. Mann that the Collector, Land Reforms, Kapurthala, has clearly stated in the return filed by him that the two sons of the petitioner were minor. The record produced before me by the State counsel shows that the petitioner in his declaration filed by him had stated that his two sons were minor. This had been verified by a Lambardar. He had not stated that he had any major sons. He has only two sons and both of them are minor. So, the petitioner is not entitled to select any permissible area of his sons.