KUNDAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tulsi Ram owned land in several villages of Tehsil and District Ferozepur. During his life-time he had given some lands to his son, Kundan Lal, the petitioner herein, in 1960, and thereafter died on June 18, 1962. On the opening of the inheritance, the petitioner got some more land and his total holding came to 62 Acres and 1 Kanal. It was valued at 40 Standard Acres and 10-1/4 Units. The petitioner never filed any declaration under Section 19-B of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), with a view to have his permissible area determined. The Collector took suo motu proceedings for declaration of his surplus area on October 7, 1964. The petitioner appeared in those proceedings, but could not give any cogent reason for not filing the said declaration within six months of the acquisition of the land. The Collector found that 1 Standard Acre and 2-3/4 Units of land in village Burwala and 13 Standard Acres and 2-3/4 Units in village Nidhana, had been under the possession of tenants continuously since prior to April 15, 1953. The land measuring 5 Standard Acres and 12-3/4 Units in village Mandiwala, had remained under a tenant since 1954-55 and thus deducting this area out of the total land-holding of the petitioner he was left with 20 Standard Acres and 8-1/4 Units in his cultivating possession. In this view of the matter he did not impose any penalty under Section 19-B(3) of the Act and held that the petitioner had no surplus area with him.

(2.) The counsel for the petitioner requested the Collector to separate 30 Standard Acres as his permissible area and the remaining area under the tenants might be adjudicated upon. The Collector did not accede to that request and observed as under :-

(3.) The application of Mulkh Raj for the purchase of land measuring 54 Kanals and 14 Marlas, filed on August 9, 1966, was granted by the Assistant Collector, Ist Grade, Ferozepur on January 9, 1970. The price payable was determined as Rs. 4166.72. Against that order, the petitioner filed an appeal which was dismissed by the Collector, Ferozepur, as barred by time, on August 11, 1970. No further remedy was availed of by the petitioner against that order.