BANSARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is the son of Devi Dayal who owned land in village Khajji Wala, tehsil Lodhran, district Multan, now forming part of the territory of West Pakistan. Kirpa Ram, a brother of Devi Dayal, also owned land in that village but he was killed in Pakistan in the communal disturbances and could not migrate to India. Devi Dayal migrated to India and was allotted 33 standard acres 11-1/2 units of land in village Nagoke, tehsil Sirsa, district Hissar, on quasi-permanent basis, in lieu of the land left by him and Kirpa Ram in Pakistan as he was considered the heir of Kirpa Ram. Devi Dayal died on the 15th January, 1953 and on his death the land was mutated half and half in favour of the petitioner and his mother, that is to say, each one of them got 16 standard acres 15-3/4 units of land. In January, 1958, the petitioner's mother gifted the land held by her to the petitioner so that the petitioner came to hold all the 33 standard acres 11-1/2 units of land. On the 24th June, 1958, permanent rights in the aforesaid land were transferred to the petitioner by the Settlement Officer, Sirsa and two sanads were issued to him.

(2.) The Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act), came into force with effect from the 15th April, 1953 and the Collector, Surplus Area, Sirsa, allowed the petitioner 60 ordinary acres, equal to 18.75 standard acres, according to his choice and declared the remaining 49.81 ordinary acres, equal to 15.57 standard acres, as surplus area, by order dated the 22nd October, 1962. Against that order, the petitioner filed an appeal which was rejected by the Additional Commissioner, Ambala Division, by order dated the 16th March, 1964. The revision against that order was also dismissed by the Financial Commissioner, Revenue, Punjab by order dated the 16th April, 1964. The petitioner then filed the present writ petition in this Court on the 19th May, 1964, which was admitted on the 22nd May, 1964. The petitioner's dispossession was stayed till the decision of the writ petition.

(3.) The submission of the petitioner is that he has to be considered a displaced person and is to be allowed permissible area of 50 standard acres and he is entitled to retain the area in his possession which was more than 30 standard acres but less than 50 standard acres. In order to appreciate the submission of the learned counsel for the petitioner the following provisions of the Act are worthy of note :-