PRITAM SINGH Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) This judgment will dispose of seven writ petitions (Civil Writ Nos. 1698, 1742, 1743, 1744, 1745, 1753 and 1754 of 1968), which are directed against the order of the Collector, District Patiala, dated the 8th September, 1966, and the orders of the Financial Commissioner (Revenue), Punjab, dated the 1st April, 1967 and the 29th September, 1967. Copies of these orders are Annexures 'G', 'I' and 'J' to each of the writ petitions. These petitions raise common questions of law and fact and have been filed by Pritam Singh, his wife Smt. Laj Kaur, his sons, Ajit Singh, Baljit Singh and Manjit Singh and his daughters Jaswinder Kaur and Rajinder Kaur. The respondents to these petitions are the Financial Commissioner, Punjab, Chandigarh, the Collector Patiala District, Patiala, Commissioner, Patiala Division, Patiala, and the respective tenant or tenants on the land to which each petition relates.

(2.) The facts are that petitioners 1 to 5, that is, Pritam Singh, his wife Smt. Laj Kaur, and his three sons, Ajit Singh, Baljit Singh and Manjit Singh, held a joint Khewat with Shri Sewa Singh, brother of Pritam Singh petitioner, and Sardarni Bhupinder Kaur, wife of Shri Sewa Singh. Petitioners 1 to 5 were co-sharers in equal shares in one-half of the land while Shri Sewa Singh and his wife Sardarni Bhupinder Kaur owned the other half. In 1954 the said five petitioners reserved land under the provisions of the Pepsu Tenancy and Agricultural Lands Act (President's Act 8 of 1953), each petitioner reserving 17-10 standard acres.

(3.) By a report recorded in the Patwari's Roznamcha on the 16th June, 1956, the said petitioners transferred land measuring 107 Bighas 12 Biswas (Pukhta) to Bibi Jaswinder Kaur and Bibi Rajinder Kaur, petitioners 6 and 7, and made them co-sharers in their joint holdings measuring 376 Bighas 18 Biswas (Pukhta). In the report it is recited that the land would be given in dowry to petitioners 6 and 7 that the land should, thereafter be recorded in the names of all the seven petitioners instead of petitioners 1 to 5, who were previously recorded as the owners. On the basis of this entry in the Roznamcha, the mutation was effected on the 15th October, 1956. In 1957, petitioners 1, 2 and 4 reserved another area of 12 standard acres each while petitioners 3 and 5 reserved an area of 19 standard acres each. Petitioners 6 and 7 made a reservation of 27 standard acres each. Originally in 1954 petitioners 3 and 5 had reserved 17-10 standard acres whereas they intended to reserve one-half of this area each, that is, 8-15 standard acres. Taking the reservation made in 1954 to be 8-15 standard acres, each of them reserved 19 standard acres more in order to make the total of 27-15 standard acres each.