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 land exceeding thirty standard acres shall be entitled to select for personal cultivation from the land held by him in the State as a land owner any parcel 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."

The permissible limit is thirty standard acres. Under that Act, there was no provision for Government taking over the lands that were in excess of the permissible limit. The appellant s family divided their family properties as per a registered partition deed on September 6, 1956. Thereafter necessary changes in the mutation register were made. The principal Act was amended in 1956 as per Amendment Act 15 of 1956 which came into force on October 30, 1956. That Act incorporated into the principal Act Chapter 4-A which provides for Government taking over the surplus lands in the hands of a land-owner i.e., the lands in excess of the permissible limit. After the amendment came into force, it appears several alienations were effected by the land owners to get out of the reach of the law. Neither the principal Act nor the Amendment effected in 1956 prohibited any alienation. Then came the Pepsu Tenancy and Agricultural Lands (Amendment) Act, No. III of 1959 which was made operative from January 19, 1959. Among other provisions that Amendment Act incorporated into the Act Sec. 32-FF which says :

"Save in the case of land acquired by the State Government under any law for the time being in force or by an heir by inheritance or upon 30th July 1958 by a landless person or a small landowner not being a relation as prescribed of the person making the transfer or disposition of land, for consideration upto an area which with or without the area owned or held by him does not in the aggregate exceed the permissible limit, no transfer or other disposition of land effected after 21st August, 1956, shall affect the right of the State Government under this Act to the surplus area to which it would be entitled but for such transfer or disposition."

This section has a proviso which reads :

"Provided that any person who has received any advantage under such transfer or disposition of land shall be bound to restore it, or to make compensation for it to the person from whom he received it." In 1962 the Pepsu Tenancy and Agricultural Lands (Amendment and Validation) Act No. XVI of 1962 was passed. It came into force on July 20, 1962. Two sections in that Act which are relevant for our present purpose are Sections 7 and 1. Section 7 reads.

"Insertion of new Section 32-KK in Pepsu Act 13 of 1955. - After Section 32-K of the principal Act, the following section shall be inserted, namely :-

32-KK. Land owned by Hindu undivided family