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1970 Supreme(P&H) 80

PUNJAB & HARYANA HIGH COURT
Mehar Singh, D.K.Mahajan and R.S.Narula JJ.
Dhaunkal Sheo Ram
Versus
Man Kauri Ram Jas
Letter Patent Appeal No. 572 of 1968,
Decided On : APRIL 10, 1970

Judgment

1. The total area of land in the ownership of Man Kauri, respondent 1, on April 15, 1953, the date from which the Punjab Security of Land Tenures Art, 1953 (Punjab Act 10 of 1953), became effective, was 228.65 ordinary acres, equivalent to 70.76 standard acres. She had not reserved any area, as the expression reserved area is denned in Section 2(4) of the Act. under any of the Acts mentioned in that definition. There was an amendment of the Act by the Punjab Security of Land Tenures (Amendment) Act, 1957 (Punjab Act 46 of 1957), which added to the principal Act Sections 5-A, 5-B and 5-C. Punjab Act 46 of 1957 came into force on December 20, 1957. According to Sub-section (1) of Section 5-B, a land-owner who had not reserved any area previously has been given an opportunity to select his permissible area and to intimate tho selection to the prescribed authority within the period specified in Section 5-A, which is six months from the date as given above, and in such form and manner as may be prescribed. The form in this respect was not prescribed until Punjab Government Notification No. 3223-LR-II-57/1624, published in the gazette extraordinary of March 22, 1958; and the learned Financial Commissioner in Dhaimat Rai v. State of Punjab. 1901 Lab LT 9, therefore, rightly held that the selection could be made by a land-owner according to Sub-section (1) of Section 5-B within six months of the date of the publication on of that notification, which means within six months of March 22, 1958. Respondent 1 filed forms A, C and E, making selection of her permissible area under Section 5-B(1), on June 20, 1958. The forms have been prescribed with the Punjab Security of Land Tenures Rules, 1956. So she had made the selection of her permissible area within the statutory period prescribed in Sub-section (1) of Section 5-B. Meanwhile, before the question of surplus area with respondent 1 could be determined in the wake of the selection made by her of her permissible area, consolidation of holdings in her village supervened. In consolidation obviously she lost the survey numbers of the land with her before consolidation and in lieu thereof, in repartition, came to be allotted to her new rectangles of land. The Surplus Area Collector of Sirsa attended to her case for the matter of finding out the surplus area with her on August 15, 1951. A copy of his order is Annexure A, made on August 29, 1961. He left with her permissible area of 60 ordinary acres, declaring 58.17 ordinary acres, equivalent of 17.48 standard acres, as her surplus area. In the account of her land, which he detailed in his order, he left out 119.25 ordinary acres, equivalent of 37.27 standard acres, as area under the old tenants in village Asa Khera. In the last paragraph of his order he stated that Form F be prepared and sent to all concerned under Rule 6(7) of the Punjab Security of Land Tenures Rules, 1956. There is column 5 in Form F which reads --"Area out of area mentioned in column 4 which the tenant (s) concerned desire (s) to retain as his (their) permissible area (State name, parentage and residence of tenant (s)"). Apparently, according to the direction in the last paragraph of the Surplus Area Collectors order, a copy of this form should also have been sent to those who were mentioned, if mentioned at all, in column 5 of Form F. It has been nobodys case that this part of the direction of the Surplus Area Collector was not complied with. With the order, copy Annexure A, of the Surplus Area Collector are given the rectangles, with Killa numbers and areas of Killa numbers, of the land of respondent 1 declared surplus, and what is to be noted at this stage is that rectangles 60 and 65 are not mentioned therein.

2. An application under Section 18 of the Act was moved by Dhaunkal appellant for purchase of 28 Bighas and 10 Biswas of land, old survey Nos. 103 min. (23-10) and 104(5-0), of which, after consolidation, the description has been rectangle 60/7(7-0), 8(7




























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