STATE OF HARYANA Vs. BAGGA SINGH

JUDGEMENT

(1.) The State of Haryana and others (defendants) assail the correctness of First Appellate Court's judgment, which in turn has reversed the judgment of the trial Court.

(2.) In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.

(3.) Sh. Maghar Singh was a big landowner. He held ownership of land in excess of the ceiling limit prescribed under the Punjab Security of Land Tenures Act, 1953 (in short '1953 Act'). The Collector vide order dtd. 16/5/1961 declared 1.26 standard acre, which was equivalent to 4.03 ordinary acre as surplus in the hands of Sh. Maghar Singh. Vide order dtd. 16/5/1961, the Collector allowed Sh. Maghar Singh a permissible area of 96 ordinary acres, which was in violation of Sec. 2(3) of the '1953 Act'. Subsequently, on 25/5/1962, the Collector passed order under Rule 6(6) of the Punjab Security of Land Tenures Rules, 1956, declaring 40.03 ordinary acres as surplus area after reserving 60 ordinary acres as permissible area for Sh. Maghar Singh. Before passing the order, the land owner was examined on 17/5/1962. The copy of the order passed on 25/5/1962 is exhibited as Ex.D-4 in the trial Court record.