PARMESHWARI Vs. FINANCIAL COMMR REVENUE HARYANA CHANDIGARH

JUDGEMENT

(1.) These are two Letters Patent Appeals Nos. 849 and 850 of 1982 arising out of a common judgment of an Hon'ble single Judge of this Court. The facts giving rise thereto are common and can be narrated as follows :

(2.) Three brothers, namely, Chuni Lal, Ganga Bishan and Bhagarawat owned 1920 bighas and 13 biswas of agricultural land in village Jandwala Bhishnoian, tehsil Debwali, district Hissar, on the date of the commencement of Punjab Security of Land Tenures Act, 1953 (hereafter referred to as 'the Act'). On the death of Bhagarawat, his son Amar Singh succeeded to his estate. That in the eye of law did not alter anything. The three co-sharers, namely, Chuni Lal, Ganga Bishan and Amar Singh continued to be in the enjoyment of their joint holding till 1-9-1964 when by means of an oral partition, they had a mutation sanctioned whereby they split their holdings. Before-hand, however, 521 Bighas 1 Biswas of land had been taken away by occupancy tenants and the remaining 1399 Bighas 12 Biswas was effectually the subject matter of the mutation. Thereunder Chuni Lal received 466 Bighas 12 Biswas of land. The respective three owners after the partition continued to be big landowners as the term in contradistinction is known vis-a-vis the term "small landowner" as defined in the Act.

(3.) Now there was a tenant by the name of Bhagirath, respondent No. 4 herein, who was in cultivation over a sizeable tract of land under the joint owners. It appears that his entire tenanted land fell to the share of Chuni Lal. Nearly two years thereafter, Chuni Lal died on January 6, 1966. Chuni Lal was succeeded by eight natural heirs. There were four sons, a widow and three daughters who succeeded to his estate equally. The Letters Patent appellant herein, Smt. Parmeshwari, is a daughter of Chuni Lal and her share in the estate came to 58 Bighas 6 Biswas. On that mathematical calculation, concededly and undisputably, she was a small landowner as the term is known to the Act.