JUDGMENT

K. RAMASWAMY, J.

(1) THE lands bearing Khasra Nos. 75/10/2, 11,12,19/1, admeasuring 25 kanals 4 marlas along with other Nazool lands to a total extent of 47 kanals 3 marlas situated in Bassi Gujjran, Tehsil Samrala, District Ludhiana, were granted to the appellant by the Collector, Ludhiana, in File No. 217 on 27/6/1968, subject to the appellant paying a sum of Rs. 1,520.00 for redemption of the mortgage in respect of the aforesaid 25 kanals 4 marlas of land. Pursuant thereto, the appellant had deposited the aforesaid money with the Collector on 30/6/1968. The appellant was put in possession of the said land on 11/9/1968. By proceedings dated 13/9/1968 the Collector cancelled the said grant, without notice to the appellant, on the ground that the respondents-mortgagees, namely. Fakir Chand, Prem Prakash and Gurdas Ram, were in possession and enjoyment for over 50 years and they cannot be dispossessed and the property cannot be redeemed by operation of the provisions of Redemption of Mortgages (Punjab) Act, 1913 (for short "the Act") and redelivered possession to the respondents on 21 /9/1968.

(2) THE appellant filed Civil Suit No. 204 of 1970 challenging the order cancelling grant and redelivering possession of the lands to the respondents. After adduction of evidence, the trial court considered the evidence adduced by the parties and by judgment and decree dated 17/3/1972 decreed the suit and, on appeal, it was confirmed. The High court of Punjab & Haryana in Regular Second Appeal No. 1506 of 1975, though recorded practically all the findings in favour of the appellant, holding that the grant was valid and cancellation was void, inoperative and does not bind the appellant, allowed the appeal and reversed the decree for possession on the ground that mortgage was not redeemed in accordance with the provisions of the Act. Thus this appeal by special leave.

(3) THE question is whether the High court is right in refusing the relief of possession to the appellant. Under Rule 2(d) of government of Patiala and East Punjab States Union Notification dated 28/5/1956, The Nazool Lands (Transfer) Rules, 1956 (for short "the Rules") for grant of Nazool lands have been made. Rule 2(d) defines Nazool land to mean "(i) the land which has escheated to the State government and has not already been appropriated by the State government for any purpose; (ii) such other lands as the State government may make available for being transferred under these rules". Rule 3 provides the procedure for transfer of Nazool land. Clause (b) is relevant which reads thus:

"(B) In the village where Nazool land available is 10 acres or more, the Scheduled Castes land-owning cooperative societies may be formed by the heads of Scheduled Caste families in accordance with the serials and the Nazool land may be allotted to them. If a cooperative society cannot be formed, then the Nazool land may be allotted to present lessees, i.e., members of a Scheduled Caste individually up to the unit of Nazool land as defined in the rules provided they do not own any land of their own. Those who own some land, they may be allowed such area as would make up the unit of Nazool land when added to their own area and the rest may be allotted to other members of the Scheduled Castes."

(4) UNDER these rules, the land granted by the Collector being admittedly below 10 acres of land, the grant of the land to the appellant was valid. In this behalf, all the courts below concurrently recorded the finding in favour of the appellant. This was done in implementation of the constitutional mandate to render socio-economic justice to the Scheduled Castes. As enjoined in the Preamble and in Article 46 of the Constitution, the Nazool lands vested in the State were granted and transferred to the appellant. Rule 3-A envisages the procedure regarding mortgaged Nazool land. it says thus:

"3-A. Mortgaged Nazool land. In the case of Nazool lands mo