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1993 Supreme(SC) 955

K.RAMASWAMY, N.P.SINGH
Jodha Ram: Om Parkash: Lakh Ram – Appellant
Versus
Financial Commissioner, Haryana – Respondent


Advocates:
ANJANA SHARMA, Dhruv Mehta, G.L.SANGHI, H.K.PURI, JAMSHED BEY, M.R.SHARMA, S.K.MEHTA

JUDGMENT

N.P. Singh, J.

1. These appeals have been filed against the orders dated 18.1.1981, passed by the High Court, dismissing the writ petitions filed on behalf of Jodha Ram, Om Parkash, Lekh Ram and others, for quashing the order of the Collector and the Financial Commissioner, hold that the lands in question had been rightly declared Surplus Area under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the "Land Tenures Act").

2. It appears to be an admitted position that Om Parkash, appellant in one of the appeals, had entered into partnership agreement with Loti Ram and Rup Ram (predecessor in interest of Respondents Nos. 5 to 10), to run an agricultural farm on the lands of aforesaid Om Parkash. In the year 1949, Om Parkash filed a case for dissolution of partnership and rendition of accounts. Loti Ram and Rup Ram took a plea that as per the terms of the partnership, on the dissolution of the partnership, they were entitled to get 150 bighas of land as tenants.

3. The Land Tenures Act came into force on 15.4.1953. The appellant Jodha Ram purchased the lands in dispute from Om Parkash through a sale deed dated 21.11.1953. The Collector





























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