JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BRIEFLY, the case o the petitioner is that he is a landowner in village Urmar Tanda. He owned 427 Kanals 3 marlas of land equivalent to 18. 1176 st. hectares on the appointed day as defined in Punjab Land Reforms Act, 1973 (hereinafter referred to as the Act ). He had two sons Baljit Singh and Malkiat Singh. It is alleged that they partitioned the family property in 1964-65 and all the three started cultivating the land which fell to their share. Malkiat Singh, however, died in 1969 leaving a widow and 5 children. In 1971 the petitioner made a gift of 175 kanals 10 marlas of land to Shrimati Devinder Kaur, the widow of the pre-deceased son.

(2.) THE proceedings under the Act were initiated against the petitioner. He pleaded that the land given to his daughter-in-law be not taken into consideration for the purpose of his permissible area. The Assistant Collector held vide order dated May 14, 1976 that the gift made by him in favour of his daughter-in-law was not a bona fide one and was consequently hit by sub-section (5) of Section 4 of the Act. Consequently, he declared some area belonging to the petitioner as surplus land. He went up in appeal before the Additional Commissioner, Jullunder, which was dismissed on November 9, 1977. Thereafter, he filed a revision against the order of the Additional Commissioner before the financial Commissioner who also dismissed the same on May 12, 1978. He has challenged the aforesaid orders through this writ petition. The state has contested it.

(3.) IT is contended by Mr. Amba that the petitioner had partitioned the lad in 1964-65 with his two sons namely Baljit Singh and Malkiat Singh. In view of the death of Malkiat Singh, in 1969, the petitioner gifted land measuring 175 kanals and odd to his daughter-in-law, who was entitled to be maintained by him, bona fide. He further argues that incase Malkiat Singh had been alive she would have been entitled to separate permissible area. In the circumstances, he urged that the gift was a bona fide one ad is protected under sub-sec (5) of Section 4 of the Act.