PUNJAB STATE Vs. HAKAM SINGH

JUDGEMENT

(1.) This appeal has been filed by the State of Punjab against the judgment and decree of the Additional District Judge, Barnala dated 27th April, 1976.

(2.) The case of the plaintiff is that he was a small landowner and was in possession of less than 30 standard acres of land. His surplus area case was taken up by Collector who vide order dated 10th April, 1961, held that he was a small landowner and there was no surplus land in his possession. It is further averred that vide order dated 1st September, 1967, he reviewed the earlier order and held that 13 Kanals 19 Marlas were surplus with the plaintiff. The said land was allotted by him vide order dated 7th March, 1969 to defendant No. 2. He has challenged the order of the Collector dated 1st September, 1967 inter alia on the ground that he had no jurisdiction to review the order dated 10th April, 1961.

(3.) The suit was resisted by the State which inter alia pleaded that the Collector had rightly declared 13 Kanals 19 Marlas of land as surplus vide order dated 1st September, 1967 and in view of the order of the Commissioner authorising him to re view the order, he could review the order dated 10th April 1961. Several other pleas were also taken but they do not survive in the second appeal.