Judgment-

N. P. SINGH

( 1 ) THE original appellant held lands in village Guru Sar Sainwala, District Bhatinda. Out of which 218 kanals of land were declared surplus under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Pepsu Act ). However, the surplus land so declared was never utilised by the State Government and remained in possession of the appellant.

( 2 ) THE Punjab Land Reforms Act, 1972 (hereinafter referred to as the Punjab Act) came into force with effect from 2/04/1973, the appointed date fixed under the Act being 24/01/1971. Fresh steps were taken for declaring the lands held by the appellants as surplus. The appellant filed objection saying that on the relevant date he had four adult sons namely Hardial Singh, Gurucharan Singh, Gurbanta Singh and Gurdial Singh and as such there was no surplus land held by him. It appears that the Secretary, Department of Revenue, issued a letter to the Collector of the District, directing that the immediate possession of 218 kanals which had been declared surplus in the year 1961-62 under the Pepsu Act be taken. Proceedings under Section 8 and 9 of the Punjab Act were also initiated directing the appell