K. SUBBA RAO, R. S. BACHAWAT, J. M. SHELAT
S. Gurbax Singh – Appellant
Versus
State Of Punjab – Respondent
Judgment
SUBBA RAO, CJI. : This appeal by special leave raises the question of the true scope of the expression "selected area" within the meaning of S. 5-B of the Punjab Security of Land Tenures Act, 195.3, (Act No. 10 of 1953), as amended by Act No. 46 of 1957, hereinafter called the Act.
2. The facts are not in dispute and they are as follows: The appellant is a tenant under respondent No. 3 since the year 1950 in respect of 49 bighas of land. As he was in continuous occupation of the said land for a period of 6 years, he applied under S. 18 of the Act and R. 23 of the Rules made thereunder in the prescribed form to the Assistant Collector, 1st Grade Fazilka, for the purpose of the said land. The Assistant Collector held-it does not appear that the 3rd respondent questioned the right of the appellant to purchase the said land-that the appellant was entitled to purchase the land and determined the price payable by the appellant to the 3rd respondent in a sum of Rs. 20.630 and ordered that the said amount was payable in 10 equal six-monthly instalments. On appeal to the Collector. Ferozepure the order of the Assistant Collector was confirmed. On a revision petition filed by the 3rd
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