G.D.Khosla and Tek Chand JJ.

1. The point for consideration in this case is a simple one, namely, whether a sale by an agriculturist to a non-agriculturist effected during the validity of the Punjab Alienation of Land Act is liable to be treated as a mortgage after the repeal of that Act. The matter was considered on a previous occasion by a Division Bench of this Court on a reference made by Kapur J. when the matter came up before Bhandari, C.J., and Dulat J., they differed and it was then placed before Chopra J., and Chopra J. took the view (agreeing with Bhandari C. J.) that even after the repeal of the Alienation of Land Act, the transaction must be treated as a mortgage. The facts in that case were somewhat different and the period of twenty years envisaged by S. 14 of the Punjab Alienation of Land Act had already expired before the repeal of the Act, but certain observations made by Dulat J. in his judgment would apply with equal force to the present case. To resolve this dispute and to have an authoritative opinion of this Court on the point we order that this matter be referred to a Full Bench of three Judges. OPINION Khosla, C.J. This reference to the Full Bench ha