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1981 Supreme(P&H) 331

S.S.SANDHAWALIA, PREM CHAND JAIN, S.P.GOYAL
Chet Ram – Appellant
Versus
Amin Lal – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Whether a transfer in contravention of the provision of sub-section (1) of Section 19-A of the Punjab Security of Land Tenures Act is void ab initio or is only void qua the State but valid and binding between the parties inter se, is the meaningful question necessitating this reference to the Full Bench. Equally at issue is the discordance of the two Division Bench judgments of this Court in Labh Singh V/s. Punjab State, 1971 Cur LJ 719 and Godhu V/s. Kanshi Ram 1979 Pun LJ 496, bearing on the point.

2. The aforesaid issue is common to this set of four Execution Second Appeals and it, therefore, suffices to advert briefly to the facts in E.S.A. No.1715 of 1976, relevant to the legal issue. Amin Lal and others respondents had originally brought a suit for possession for agricultural land measuring 544 Kanals 7 Marlas against the appellants on the allegation that the said land had been mortgaged by their father Lachman Singh. The mortgagee inducted the appellants as his tenants thereon. The said mortgage was redeemed later and it was the case that the appellants were continuing in possession of the land as trespassers. Upon these premises a decree for p















































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