JUDGMENT

SHINGHAL, J. :—One Nathi held 36 standard acres and 8 standard unit of land in village Bhanguri, and as the "Permissible area" within the meaning of clause (3) of section 2 of the Punjab Security of Land Tenures Act, 1953, (hereafter referred to as the Act) in his case was 30 standard acres, Collector (Surplus) Nuh, declared 6 standard acres and 8 standard units of land as "Surplus area" by his order dated November 25, 1959. Nathi died on July 14, 1965, leaving his widow Smt. Kala Devi respondent No.1,and his mother Smt. Mando respondent No. 2, as heirs. The two heirs made an application under Ss. 10-A (b) and 10B of the Act stating that as the land of Nathi had been inherited by them in equal shares, and the holding with each one of them was much below the "permissible area" of 30 standard acres. there was no "surplus area" within the meaning of clause (5-a) of Section 2 of the Act and no part of it could therefore be utilised for allotment to other tenants. That application was however dismissed by collector (Surplus) on March 13, 1967, on the ground that the "surplus area" declared in Nathis lifetime had already been allotted to other tenants and could not be excluded f