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1967 Supreme(SC) 276

J.C.SHAH, J.M.SHELAT, S.M.SIKRI
Vidya Vati – Appellant
Versus
State Of Punjab – Respondent


Advocates:
HARDEV SINGH, NAUNIT LAL, R.N.SACH, S.P.NAIR, S.V.Gupta

Judgement

SHAH, J. : The appellant Vidya Vati who is the owner of 56.101/4 "standard acres" of agricultural land in the village Bishanpura, tahsil Jind, District Sangrur, in the State of Punjab, was ousted from the land sometime in 1954 by certain persons who had no title to the land. A civil suit filed by her for a declaration of title and for possession of the land from the trespassers was decreed and she was restored to possession of the land on October 15, 1960.

2. The Pepsu Tenancy and Agricultural Lands Act 13 of 1955 was brought into force during the pendency of the civil suit with effect from March 4, 1955. Under S. 5 of the Pepsu Act 13 of 1955 every landowner owning land exceeding thirty standard acres was entitled to select for personal cultivation from the land held by him in the state as a landowner any pared or parcels of land not exceeding in aggregate area the permissible limit and reserve such land for personal cultivation by intimating his selection in the prescribed form and manner to the Collector. Since the land was in the occupation of the trespassers, the appellant did not make any selection of land for personal cultivation. The Act was amended with effect from










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