Khosla, J.

1. In this case we are called upon to consider the vires of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (L of 1948) as amended by Punjab Act No. XXVII of 1960. The Act was considered by a Full Bench of this Court in Kishan Singh V/s. State, 1960-62 Pun L. R. 840: (AIR 1961 Punj 1)(FB). Then the present matter camp up before Dua, J., sitting singly, counsel for the petitioners cited before him the Supreme Court decision in K. K. Kochuni V/s. States of Madras and Kerala, AIR 1960 SC 1080 and argued that the Full Bench decision of this Court could no longer be considered good law in view of what the Supreme Court had said. Dua, J., accordingly referred the matter to a larger Bench. It then came up before my Lord Grover and myself sitting in Division Bench and as the correctness of the Full Bench decision in Kishan Singhs case 62 Pun LR 840: (AIR 1961 Punj 1)(FB) was being questioned we considered it advisable to suggest that a Bench larger than the Full Bench, which had given the previous decision, should consider the matter afresh. In this manner the case has now been argued before a Bench of five Judges.

2. The facts of the case ar