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SUPREME COURT OF INDIA
K. SUBBA RAO, J.R. MUDHOLKAR AND R.S. BACHAWAT, JJ.
Bhagwan Das, Appellant
Versus
State of Punjab, Respondent.
Civil Appeal No. 541 of 1963.
Advocates appeared
M/s. Bhawani Lal, E. C. Agarwala and P. C. Agarwala, Advocates, for Appellant; M/s. Deepak Data Chaudhri and B. R. G. K. Achar, Advocates, for Respondents (Nos. 1 to 3); Mr. Janardhan Sharma, Advocate, for Respondent (No. 4).
PUNJAB SECURITY OF LAND TENURES ACT, 1953 - S. 2(2), 2(3), 3, 4, 5, 5A, 5B, 5C, 10A, 19A, 19B, 19F - SMALL LANDOWNER - STATUS - DETERMINATION - LAND ALLOTTED TO DISPLACED PERSON - SUBSEQUENT IMPROVEMENTS - EFFECT - S. 19F(B) - INTERPRETATION - LAND HELD BY LANDOWNER IMMEDIATELY BEFORE COMMENCEMENT OF ACT - EVALUATION - MANNER - LAND ACQUIRED AFTER COMMENCEMENT OF ACT - EVALUATION - MANNER - LANDLORD - ACQUISITION OF LAND AFTER COMMENCEMENT OF ACT - INHERITANCE, BEQUEST OR GIFT - EVALUATION - MANNER - REVENUE ASSISTANT - POWER TO EVALUATE LAND AFRESH - SCOPE.
Fact of the Case:
The appellant, a displaced person, was allotted 105 ordinary acres of land in 1949. In 1953, the Punjab Security of Land Tenures Act came into force, and the appellant was considered a small landowner as his land was equivalent to 42 standard acres 11 units. In 1955, due to consolidation proceedings, the appellant was granted 101.4/5 ordinary acres of land. In 1958, the appellant filed an application for ejectment of a tenant under S. 9(1)(i) of the Act, claiming to be a small landowner. The Assistant Collector dismissed the application, holding that the appellant was a big landowner as his land was equivalent to more than 50 standard acres. On appeal, the Collector allowed the application, holding that the appellant was a small landowner as he was a displaced person and an allottee of less than 50 standard acres. The Commissioner and the Financial Commissioner upheld the Collector's order. However, the High Court set aside the orders of the Collector, Commissioner, and Financial Commissioner, holding that the appellant's status should be determined by evaluating his land in terms of standard acres on the date of the application for ejectment.
Finding of the Court:
The Supreme Court held that the appellant was a small landowner within the meaning of S. 9(1)(i) of the Act. The Court held that the scheme of the Act is to evaluate the entire land held by the landowner in the State of Punjab on the date of the commencement of the Act and to ascertain the status of the landowner and his surplus area, if any. If the landowner is found to be a small landowner at the commencement of the Act, his status continues to be so until he acquires more land and is found to be a big landowner. The Court further held that S. 19F(b) of the Act, which was inserted in 1962, provides that for evaluating the land of any person at any time under the Act, the land owned by him immediately before the commencement of the Act shall always be evaluated as if the evaluation was being made on the date of such commencement. The Court held that this provision applies to the appellant's case and that his land should be evaluated as if the evaluation was being made on the date of the commencement of the Act. The Court also held that the Revenue Assistant does not have the power to evaluate the land of the landlord afresh for ascertaining whether he is in possession of land in excess of the permissible area.
Issues: 1. Whether the appellant is a small landowner within the meaning of S. 9(1)(i) of the Punjab Security of Land Tenures Act, 1953? 2. Whether the status of the appellant should be determined by evaluating his land in terms of standard acres on the date of the commencement of the Act or on the date of the application for ejectment?
Ratio Decidendi: 1. The scheme of the Punjab Security of Land Tenures Act, 1953 is to evaluate the entire land held by the landowner in the State of Punjab on the date of the commencement of the Act and to ascertain the status of the landowner and his surplus area, if any. If the landowner is found to be a small landowner at the commencement of the Act, his status continues to be so until he acquires more land and is found to be a big landowner. 2. Section 19F(b) of the Act provides that for evaluating the land of any person at any time under the Act, the land owned by him immediately before the commencement of the Act shall always be evaluated as if the evaluation was being made on the date of such commencement. This provision applies to the appellant's case and his land should be evaluated as if the evaluation was being made on the date of the commencement of the Act. 3. The Revenue Assistant does not have the power to evaluate the land of the landlord afresh for ascertaining whether he is in possession of land in excess of the permissible area.
Final Decision: The appeal was allowed, and the order of the High Court was set aside. The order of the Financial Commissioner upholding the orders of the Commissioner and the Collector was restored.
Judgement
BACHAWAT, J. (With Subba Rao, J.) : The appellant is a displaced person to whom 105 ordinary acres of land equivalent to 42 standard acres 11 units in village Jamalpur, Tehsil Hansi, District Hissar, were allotted by the Custodian on October 5, 1949 under the conditions published in the Notification of the East Punjab Government No. 4892/S, dated July 8, 1949. The Punjab Security of Land Tenures Act, 1953 (Punjab Act No. 10 of 1953), hereinafter referred to as the Act, came into force on April 5, 1953. On that date, the aforesaid land was equivalent to 42 standard acres 11 units, and having regard to proviso (ii) (b) to S. 2 (3) of the Act, was permissible area in relation to the appellant, and as the appellant did not own any other land in the State of Punjab, he was a small landowner within the meaning of S. 2 (2) of the Act. On October 22, 1955, as a result of consolidation proceedings, the appellant was granted 101.4/5 ordinary acres of land in exchange for the land originally allotted to him in 1949. Respondent No. 4 is a tenant of the appellant in respect of a portion of this land.
2. On February 20, 1958, the appellant filed an application before the Assistant Collector, 1st Grade, Hissar, for ejectment of respondent No. 4 under S. 9 (1) (i) of the Act on the ground that he is a tenant of the appellant who is a small landowner. On that date, the aforesaid 101.4/5 acres of land owned by the appellant was equivalent to more than 50 standard acres. On February 17, 1960, the Assistant Collector dismissed the application. He held that the appellant was a big landowner, because on the date of the application the land owned by him was equivalent to more than 50 standard acres. On appeal, on May 2, 1960, the Collector of Hissar set aside the aforesaid order, and allowed the application for ejectment. He held that the appellant was a small landowner as he was a displaced person and an allottee of less than 50 standard acres. On August 30, 1960, the Commissioner, Ambala Division, dismissed a second appeal, and on January 2, 1961, the Financial Commissioner dismissed a revision petition filed by respondent No. 4. Following his previous ruling in Pat Ram v. Milawa Ram, 1961-40 Lah LT 28 and Har Chand Singh v. Punjab State, 1961-40 Lah LT 9, the Financial Commissioner held that the status of the appellant must be determined on the date of the commencement of the Act and subsequent accretions to his holding arising out of consolidation of holdings and improvements due to good husbandry or advent of irrigation should be ignored. On August 22, 1961, the Punjab High Court allowed a petition preferred by respondent No. 4 under Art. 227 of the Constitution of India and set aside the orders of the Collector, the Commissioner and the Financial Commissioner. The High Court held that the status of the appellant must be determined by evaluating his land in terms of standard acres on the date of the application for ejectment. The appellant now appeals to this Court by special leave.
3. The question is whether the appellant is a small landowner within the meaning of S. 9 (1) (I) of the Act. On a combined reading of Ss. 2, 3, 4, 5, 5A, 5B, 5C, 10A, 19A and 19B, the scheme of the Act appears to be as follows. The entire land held by the landowner in the State of Punjab on the date of the commencement of the Act must be evaluated as on that date and the status of the landowners and his surplus, area, if any, must be then ascertained. If he is then found to be a small landowner, he continues to be so for the purpose of the Act, until he acquires more land, and on taking into account the value of the land in terms of standard acres on the date of acquisition, he is found to be a big landowner. The landowner is required to make the necessary reservations or selections and to give the necessary declarations so that his status and the surplus area, if any, held by him may be so determined. If he is a small landowner at the commencement of the Act
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