MAM RAJ CHHOGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHERE these Civil Writ petitions. Mam Raj and Ors. v. State of Punjab, (Civil Writ No. 1386 of 1963) and Hanuman and Ors. v. State of Punjab, (Civil Writ No. 1508 of 1963) came for hearing before me in the first instance on 28th of March, 1967, a point was raised by the counsel for the respondent State of Punjab that the judgment in the Bench decision of Narula J. with which I concurred, in Amar Singh v. State of Punjab, 1967 Pun LJ 38, and on which reliance was placed on behalf of the petitioners, itself contained some observations which tended to cast a shadow on the conclusions reached therein. In my reference order of 28th of March, 1967, I therefore, recommended that these cases should be placed for disposal before a Division Bench at an early date. Subsequently, on 12th of July, 1967, when the petitions came for hearing before the Bench of Mahajan and Narula JJ. they referred the matter for determination by a Full Bench.

(2.) THE Bench decision in Amar Singh's case, 1967 Pun LJ 38 dealt with the scope, relative importance and inter -relationship of Sections 10A and 18 of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act).

(3.) I have reproduced these provisions to demonstrate that Section 18 is self -sufficient in respect of the machinery which has been created for the purchase of lands held by tenants. Firstly, only a tenant of a landowner other than the small landowner, has been given the right of purchase; secondly, the right is only in respect of the land which falls outside the reserved or permissible area, and thirdly, the minimum period of tenancy is prescribed, namely six years. Protection is given to small landowners whose holding does not exceed the permissible limit. This permissible limit is equally applicable to tenants who cannot acquire lands under the tenancy which exceed this limit. The Assistant Collector, to whom an application is to be made for purchase, is empowered under the Act to fix the value of the land the payment of which in the manner laid down in the various Sub -sections, makes him the owner of the land. Virtually, the order of the Assistant Collector has the effect of a decree passed by a Civil Court for possession and ownership.