BIBI DALJIT KAUR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Hardev Singh, the admitted original owner of the land in dispute, died in 1952 leaving behind him three minor children, namely Gurinder Singh, Daljit Kaur and Gurjit Kaur. According to the Customary Law at that time in force, the whole of the estate of Hardev Singh was mutated in favour of his minor son Gurinder Singh. On October 18, 1956, Gurinder Singh's mother Mohinder Kaur acting as his guardian gifted one-third of the land (which had come to Gurinder Singh) in favour of Daljit Kaur and another one-third in favour of Gurjit Kaur in consideration of natural love and affection between the brother and his sisters. Mutation in pursuance of the gift was effected in favour of Daljit Kaur and Gurjit Kaur in 1957.

(2.) In 1962, the surplus area proceedings in respect of Gurinder Singh's land were taken in hand. By his order, dated January 28, 1963 the Collector declared 67 Standard Acres and 3-3/4 Units of Gurinder Singh's land as his surplus area. While doing so he held that the gifts in favour of his sisters were not hit by Section 32-FF of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter called the Act), but all the same ignored the two gifts on the ground that they were violative of Section 32-L of the Act. The appeal preferred by Gurinder Singh against the order of the Collector and his further revision were both dismissed.

(3.) It was in the above-mentioned circumstances that Daljit Kaur and Gurjit Kaur minors filed a writ petition in this Court through their mother as their next-friend. The writ petition was dismissed by a learned Single Judge by his order, dated July 23, 1974, on the ground that the gifts were hit by Section 32-FF of the Act, and that contention of the writ petitioner-appellant about the necessity of service of notice to show cause against the proposed declaration of the surplus area on the writ-petitioners had no force in view of the Full Bench judgment of this Court in Pritam Singh and others v. The State and others, 1966 1 ILR(P&H) 707