MUKAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mukand Singh landowner's surplus area case was decided by order dated 2nd August, 1960. Thereafter, consolidation of holdings took place in the village. Mukand Singh filed the present petition alleging that in view of the provisions of section 24-A(2) of the Punjab Security of Land Tenures Act, 1953, he was entitled to have a fresh determination of the surplus area and fresh reservation. During the pendency of this petition, Mukand Singh died leaving behind widow Chint Kaur, five sons namely, Harjap Singh, Phelel Singh, Malkiat Singh, Jagjit Singh and Jagdev Singh and three daughters Smt. Malkiat Kaur, Smt. Surjit Kaur and Smt. Baljeet Kaur. The aforementioned heirs were brought on record as legal representatives of Mukand Singh after notice to the respondent-State and with the consent of the respondent-State.

(2.) The petitioner has averred in the petition that he continued in possession of the entire area. Reply to that from the State was evasive in that the plea taken was 'denied for want of knowledge.' The Court while admitting the petition stayed dispossession of the petitioner.

(3.) Learned counsel for the petitioner on the strength of the Full Bench decision of this Court in Ranjit Ram v. The Financial Commissioner Revenue, Punjab, Chandigarh and others, 1981 PunLJ 259, has asserted that in view of the fact that the surplus area in question remained unutilized till today and original landowner Mukand Singh having died, the surplus area case shall have to be determined afresh in terms of section 5 of the Punjab Land Reforms Act of 1972 (hereinafter referred to as the Reforms Act).