JIWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Collector, Amritsar, declared 22 standard acres and 91/2 Units of land belonging to the petitioner as surplus on October 10, 1962. Against that order, the petitioner filed an appeal before the Commissioner on October 22, 1964, that is, after 742 days. This appeal was dismissed by the learned Additional Commissioner on February 18, 1965, on the ground that it was barred by time. Against that order, the petitioner filed a revision before the Financial Commissioner. The revision petition was dismissed on April 5, 1966. The present petition is directed against that order to which a written statement has been filed on behalf of respondent 1, in which the impugned order has been justified.

(2.) IT has been vehemently argued by the learned counsel for the petitioner that land measuring 4 standard acres and 93/4 Units was Banjar Qadim and land measuring 11 ordinary acres and 4 Kanals was ghair mumkin and these pieces of land did not fall within the definition of 'land' as defined in Section 4 (1) of the punjab Tenancy Act, which definition has been adopted in Section 2 (8) of the punjab Security of Land Tenures Act.

(3.) THE second contention of the learned counsel is that Killa No. 14 of Rectangle no. 45 is shown in the holding of the old tenants and the same killa number is shown in the reserved area of the petitioner, with the result that, if that killa number is excluded, the reserved area of the petitioner amounts to only 29 standard acres and not 30 standard acres, to which he is entitled.