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1981 Supreme(SC) 286

A.D.KOSHAL, BAHARUL ISLAM
Lajpat Rai – Appellant
Versus
State Of Punjab – Respondent


Advocates:
G.L.SANGHI, M.K.Dua, M.S.Dhillon, O.P.Sharma, P.N.PURI, S.K.MEHTA

Judgment

KOSHAL, J.:- This appeal by certificate is directed against the judgment dated May 21, 1970 of a Division Bench of the High Court of Punjab and Haryana accepting a Letters Patent Appeal and holding that in view of the provisions of Sections 5, 5-A and 5-B of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), the concerned Collector had no jurisdiction to vary the reserved area of a landowner by including therein the lands sold by him to others.

2. Most of the relevant facts are undisputed and may be briefly stated thus. Sadh Singh, respondent No. 3, who is a displaced person from Pakistan, was allotted more than 60 standard acres of land in village Karyam, Tehsil Nawanshehar, District Jullundar, in lieu of the land left by him in Pakistan. He also owned a little more than 1 standard acre of land in village Surwind, Tehsil Patti, District Amritsar. About 3 years after the Act came into force, i. e., on March 9, 1956, respondent No. 3 made an oral gift of some of his land in lieu of maintenance to his wife Nirmal Kaur, respondent No. 4, who entered into an agreement dated January 21, 1957 with the three appellants for sale to them of the land g

































































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