JUDGMENT  

GUPTA, J.:—The respondent Jiwan Singh who is a displaced person from Pakistan was allotted 55.80 standard acres of land in village Neza Dali Kalan in Sirsa Tehsil of Hissar District in lieu of the land left by him in Pakistan, The second appellant, Collector Surplus Area, Sirsa, in determining the surplus area under the Puniab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) left only 100 ordinary acres with the respondent as his permissible area and declared the rest of the land measuring 78.57 ordinary acres, equivalent to 25.99 standard acres, as surplus. Permissible Area as defined in Sec,2(3) of the Act is as follows:

"Permissible area" in relation to a land owner or a tenant, means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres, such sixty acres:

Provided that

(i) no area under an orchard at the commencement of this Act, shall be taken into account in computing the permissible area:

(ii) for a displaced person-

(a) who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred ordinary acres as the case may be,

(b) w