AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT being common ground that the fate of this litigation would turn upon the interpretation of Rule 20-C of the Punjab Security of Land Tenures Rules, 1953 (hereinafter referred to as "the Rules", we do not feel called upon to go into the nitty gritty of the factual aspect.

(2.) SUFFICE would it be to notice that the land under reference was held to be surplus in the hands of land owner Mst. Gurdeep Kaur d/o Gurbax Singh (hereinafter referred to as "the land owner"), vide order dated 16.12.1959 passed by the Collector, Amritsar. The land owner died on 18.5.1967. Before her death, she had executed a registered gift deed dated 4.3.1959 in favour of her nephews Sarv/Shri Amrik Singh, Tirlok Singh and Anokh Singh i.e. petitioners before this Court. (Amrik Singh is presently represented by his legal representatives, in terms of order dated 28.3.2008 passed by this Court in Civil Misc. No. 599 of 2008). That gift deed was in respect of 3/4th share of Mst. Gurdeep Kaur in the property. By means of a testamentary disposition dated 4.3.1959 itself, she bequeathed remaining 1/4th share in favour of the petitioners.

(3.) THE pure and simple plea raised on behalf of the petitioners is that the surplus land of the land owner could not be said to have been validly utilised in view of the fact that the tenant did not execute a Qabuliat Nama in favour of the land owner, in compliance with the provisions of Rule 20-C of the Rules which were averred to be mandatory in character. Reliance, in support of the view, was placed upon a judgment rendered by the Apex Court in Financial Commissioner, Haryana and others v. Smt. Kela Devi and another 1980 P.L.J. 121 and Krishana Kumari v. State of Haryana, 1998(2) PLJ 497.