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1984 Supreme(P&H) 727

M.M.PUNCHHI
Kariar Kaur – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. The point involved in this petition on first impressions seems to be covered by judicial authority and yet turns to be intricattngly embroiled requiring analytical examinations.

2. The point arises in Civil Writ Petitions Nos. 2074 and 2096 of 1977 which can conveniently be disposed of by a single judgment. Facts, however, need be taken note of in Civil Writ Petition No.2074 of 1977. At this juncture, it may be focussed that Civil Writ Petition No.2096 of 1977 has been preferred by Machhi Singh, the landowner, whose land is involved in the case.

3. In Civil Writ Petition No.2074 of 1977, Smt. Kartar Kaur, the petitioner, is the daughter as also a transferee from Machhi Singh, who is a displaced person from West Pakistan. Machhi Singh was allotted 52 standard acres and 13 units of agricultural land in village Nazadalla Kalan, Tehsil and District Sirsa, somewhere in the year 1949. In August, 1958 (not before 3lst July, 1958), he transferred 1/3rd share of his total holding in favour of his daughter, the petitioner. Surplus area proceedings under the Punjab Security of Land Tenures Act were commenced against Machhi Singh somewhere in the year 1960 and were culminated by the




















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