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1958 Supreme(SC) 165

S. R. DASS, N. H. BHAGWATI, K. SUBBA RAO, B. P. SINHA, K. N. WANCHOO
Atma Ram – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.G.Ratnaparkhi, ACHHRU RAM, C.B.AGARWAL, Gopal Singh, H.N.SANYAL, Harnam Singh, M.DIPAK DUTT CHAUDHARY, NAUNIT LAL, R.S.GHEBA, RADHEY LAL AGRAWAL, S.M.Sikri, SADHU SINGH, T.M.SEN, UDAIBHAN CHAUDHARY

Judgment

B. P. SINHA, J. : These petitions under Article 32 of the Constitution impugn the constitutionality of the Punjab Security of Land Tenure Act (Punj X of 1953) (which will be referred to hereinafter as the Act), as amended by Act XI of 1955. The petitioners are land-owners of the lands affected by the provisions of the impugned Act. The State of Punjab and its officers, besides persons claiming benefits under the Act, are the respondents in these several petitions.

2. The impugned Act has a history which may shortly be set out. With a view to providing for the security of tenure to tenants, the Punjab Tenants (Security of Tenure) Ordinance IV of 1950, was promulgated with effect from 13th May 1950. That Ordinance was replaced by the Punjab Tenants (Security of Tenure) Act XII of 1950, which came into force on 6th November 1950, on the date on which it was first published in the Punjab Government gazette. The Act prescribed a limit of one hundred standard acres of land (equivalent to two hundred ordinary acres) which could be held by a land-owner for his "self-cultivation"; and it was termed "permissible limit" - (S. 2 (3)). Any land-ower having land in excess of the "permissi






























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