MADHO DASS TEK CHAND Vs. MIDHA SINGH

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent is directed against the decision of a learned Single Judge of this Court rejecting the petition of the appellants under Articles 226 and 227 of the Constitution of India. In this petition, the petitioners challenged the right of the respondent tenant to purchase the land under Section 18 of the Punjab Security of Land Tenures Act (Act No. 10 of 1953) (hereinafter referred to as the Act ).

(2.) THE facts giving rise to this appeal are that Madho Dass is a displaced person from Pakistan. He was allotted 53 standard acres and 11 units of land in tehsil fatehabad, district Hissar, in lieu of the land left by him in Pakistan. In a partition suit filed by his son Nanak Chand, half of the land allotted to him was entered in the name of Nanak Chand. in the year 1962, the Rehabilitation authorities cancelled four standard acres and one unit of the land allotted to Madho Dass. Thus, he was left with 49 standard acres and 10 units of land, the same being well within his permissible area.

(3.) THE Surplus Area Collector declared 13. 4 standard acres equal to 35-13 ordinary acres of Madho Dass land as surplus area on January 7, 1965 under the act. Madho Dass preferred an appeal to the Commissioner, who rejected the same on December 8, 1965. He went up in revision to the Financial Commissioner, who allowed his revision petition and set aside the order of the Collector with the finding that there was no surplus area with Madho Dass. This decision finds support from the Full Bench decision of this Court in Khan Chand v. State of punjab, ILR (1966) 2 Punj 447= (AIR 1966 Punj 423 ).