JUDGMENT

SARKARIA, J.:—This appeal by special leave is directed against a judgment of the Punjab and Haryana High Court summarily dismissing the Letters Patent Appeal filed by the present appellants.

2. Mahant Gurnarain, Respondent No. 5, owned 182 standard acres and 11 1/4 units of land in several vil1ages in the Districts of Ambala, Hoshiarpur and Jullundur. The Special Collector, Chandigarh, Respondent No. 4 herein, by an order dated 3-3-1961, declared an area of 132 standard acres, l11/2 units, out of the aforesaid land, as surplus area of the Mahant under the Punjab Security of Land Tenures Act, 1953 (to be hereafter called the Act). Out of this surplus area, land admeasuring 13 standard acres and l1/2 units situate in the revenue estate of Dosanjh Kalan Tehsil Phillaur was allotted by the Circle Revenue Officer to the appellants and Respondent No. 7, and possession thereof was given to them on 15-6-61 in accordance with Rule 20 of the Punjab Security of Land Tenures Rules, 1956 (hereinafter called the Rules).

3. On 18-9-1961, the Special Collector excluded the entire area of Respondent 5 in the revenue estate of village Dosanjh Kalan from the surplus pool. This excluded area included the aforesaid 13 standard acres and 11 1/2 units that had been allotted to the appellants. The Collector allowed this area to Jagga (Respondent 6) and his brother, Meet Singh, as their permissible area on the ground that they were tenants of this land on 15- 4-1953.

4. Aggrieved, the appellants carried an appeal to the Commissioner (Respondent 3), contending inter alia that Jagga and Meet Singh were not tenants of this land on the crucial date i. E. 15-4-1953. The Commissioner dismissed this appeal. A revision preferred by the appellants before the Financial Commissioner met the same fate on 25-1-1963. To impugn these orders of the Special Collector, the Commissioner and the Financial Commissioner, the appellants filed a writ petition (No, 173 of 1963) in the High Court. The petition was accepted by a learned Judge (Shamsher Bahadur J.) who set aside those orders and remanded the case to the Special Collector with the direction that he should proceed afresh to determine the question after giving an opportunity of hearing to the writ-petitioners. Against that order of the learned Judge, Jagga preferred an appeal before a Division Bench of the High Court. The Bench dismissed the appeal.

5. After the remand, the Special Collector reheard the parties and gave them opportunity to adduce further evidence on the point at issue. Jagga s contention was that in the agricultural year 1952-53, he and his brother, Meet Singh, sons of Rattan Singh, were in possession of this land as tenants under the land-owner, and consequently this area could not be included in the surplus area of the land-owner. The contention was accepted by the Special Collector, in these terms:

"In support of this, oral as well as documentary evidence has been produced by Jagga, claiming to be an old tenant. In oral evidence, two witnesses have been examined. One is Shanti Sarup, Lambardar of village Dosanjh Kalan where the land in dispute is situated. The other is Kararn Singh, who is one of the new tenants resettled on the land already declared surplus with Mahant Gurnarain (Landowner). In documentary evidence, certified copies of Khasra Girdawaries EX.PB and PC, certified 234 copies of Pedigree table, Exhibit PD and receipt showing payment of lease money to Mahant Gurnarain and land revenue paid to Lambardar by Rattan Singh the father of Jagga, Exhibits PI, PII, PIII, PIV, PV, PVI, PVII, PVIII, PIX and PX, have been produced. From the perusal of the entries in the certified copies of Khasra Girdawaries it appears that from 1948 to 1952 the cultivation of Rattan Singh son of Isher Singh i. e. Jagga s father is entered. In 1952-53, however the cultivation of Rattan Singh son of Dalip Singh is entered. Thereafter, again in 1953-54, Meet and Jagga sons of Rattan Singh are entered upto 19