LABH SINGH Vs. THE PUNJAB STATE ETC.

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent against the judgment of the learned Single Judge dismissing the writ petition, involves the interpretation of the provisions of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Pepsu Act). Brief fact necessary for the decision of this appeal may be stated as under: - - (2) Admittedly on the date of the commencement of the Pepsu Act, the Appellant, Labh Singh, owned land totalling an area of 32.8 standard acres. Out of this an area of 7.4 standard acres in village Brindpur was at that time under mortgage with possession and, consequently, he was not in possession thereof. A "landowner" is defined in Clause (f) of Section 2 of the Pepsu Act as having the meaning assigned to it in the Punjab Land Revenue Act, 1887, and includes an allottee. The explanation added to this clause is as follows:

(2.) IN respect of land mortgaged with possession, the mortgagee shall be deemed to be the landowner. In view of this definition, the area which was under mortgage with possession had to be excluded in finding out weather Labh Singh was a small landowner whose holding did not exceed the permissible limit or he was a big landowner, whose holding exceeded the permissible limit. As his total holding was 32.8 standard acres and out of this 7.4 standard acres of land was under mortgage with possession at the commencement of the Pepsu Act, he was obviously a small landowner.

(3.) ON 1st April, 1959, however, Labh Singh redeemed 7.4 standard acres of land and thus, on and after that date, he became a holder of 32.8 standard acres of land. Before any area could be declared as surplus area, he sold the land; which he had redeemed earlier, on 23rd May, 1966, and, consequently, on and after that date, he again came to hold land less than the permissible limit.