M.C. JAIN, J.—This writ petition raises a controversy as to whether a person can be compelled to surrender the surplus land out of the land retained by him instead of surrendering the land transferred by him, which is not recognizable in law.

2. I may recount a few material facts of the present case giving rise to the controversy that has arisen.

3. The petitioner purchased 5 Bighas of land; 4 Bighas being Killas Nos. 22 to 25 in Chak 8 GGR and 1 Bigha being Killa No. 21 in Chak No. 6 GGR from respondent No. 3 Balbirsingh by a registered sale-deed dated April 18, 1972 for a sum of Rs. 10,000/-. Ceiling proceedings were initiated against the respondent No. 3 Balbirsingh in case No. 783 of 1975. Shri Balbirsingh, respondent No 3 filed his objection to the draft statement, served on him and in his objection, inter alia, he stated that he had sold the aforesaid land to the petitioner bona fide and with full consideration. The respondent No. 3 mentioned that he had built a pucca house and also got constructed a tube-well and in order to meet that expenditure he sold the land to the petitioner. The Authorised Officer, Hanumangarh, by his order dated May 27, 1976, decided the ceiling case o

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