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1968 Supreme(SC) 290

G.K.MITTER, J.C.SHAH, A.N.GROVER, K.S.HEGDE
Arjan Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
For the Appellant :Z.A. Shah, Sr. Advocate and Asif Maqbool, Advocate
For the Respondents:J.A. Kawoosa, Sr. A.A.G. and G.A. Lone, Advocate

Judgment

HEGDE, J. :- Though several question of law were raised in this appeal by special leave, after hearing the Counsel for the parties on one of those questions, namely on what date Section 32-KK of the Pepsu Tenancy and Agricultural Lands Act 1955 (Act No. XIII of 1955) (to be hereinafter referred to as the Principal Act) should be deemed to have come into force, we did not think it necessary to hear the Counsel for the parties on the other questions raised in the Appeal.

2. Before examining the question of law referred to hereinbefore it is necessary to set out the material facts.

3. The second appellant is the son of the first appellant. The appellant along with Charanjit Singh and Darshan, the two others sons of the first appellant were members of a joint Hindu family. That family owned agricultural lands in the village Hathoa, Tehsil Malerkotla District Sangrur. The principal Act came into force on March 6, 1955. The preamble to that Act says that it is an Act to amend and consolidate the law relating to tenancies of agricultural lands and to provide for certain measures of land reforms. That Act provided that :

"subject to the provisions of Section 5 every land owner owning




















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