PIARE LAL Vs. DEVI CHAND

JUDGEMENT

(1.) Admitted facts in this case are that the present petitioner Piare Lal is a big landowner whose land measuring 122.19 ord. acres was declared surplus under the Punjab Security of Land Tenures Act on 31.7.1963. It seems that the surplus area of this landowner was not utilised under the Punjab Security of Land Tenures Act till coming into being of the Haryana Ceiling on Land Holdings Act or even thereafter. On file we have the statement of the landowner only and some documentary evidence and nothing else in this regard. Documentary evidence is the judgment of the Collector dated 31.7.1963 declaring the surplus under the Punjab Security of Land Tenures Act. As per statement of the landowner, a declaration has been filed under the Haryana Ceiling on Land Holdings Act and the case has not been decided. Some of the land for which rent has been claimed as part of the surplus and some is not. Lower Courts have not given clear findings about this. None of the land is tenants permissible area and the respondent-tenants have come on the land after coming into being of the Punjab Security of Land Tenures Act. On the basis of unrebutted statement of the landowner, respondent-tenants have been paying rent till 1980 and have declined to do so thereafter.

(2.) As regards the land which was not part of the surplus area of the landowner, the position seems to be simple and clear that since this was not the part of the surplus area under the Punjab Security of Land Tenures Act, landowner is entitled to receive the rent for this and the impugned orders the Collector and the Commissioner have to be amended to that extent.

(3.) The disputed position is regarding that portion of the land which is part of the surplus pool under the Punjab Law. Contention of the respondent-tenants is that on the coming into being of the Haryana Ceiling on Land Holdings Act, the land has vested in the State and therefore, there is no landlord-tenant relationship between the petitioner and the respondents. Section 12 of the Haryana Ceiling on Land Holdings Act reads as follows :