BHUPINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions Nos. 3329 and 3330 of 1971, as common questions of law and fact arise in both of them.

(2.) Both the writ petitions were heard by R.N. Mittal, J., on June 1, 1978. According to the learned Judge, - -vide order, dated June 1, 1978, there was a conflict of decisions of this Court on the question as to whether the resettled tenants to whom land determined once as surplus area under the Punjab Security of Land Tenures Act, (hereinafter called the Act), were necessary parties at the time when the surplus area is sought to be determined afresh after the order determining surplus area in the first instance was set aside. The learned Judge was also of the opinion that besides this question, some other questions of importance had also been raised in these two writ petitions and, therefore, referred both these writ petitions for being heard and decided by a Division Bench. It is under these circumstances that both these writ petitions have been heard by us.

(3.) In order to appreciate the controversy and the questions of law arising between the parties, the facts in brief with reference to Civil Writ Petition No. 3329 of 1971 may be summarised below.