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1953 Supreme(P&H) 112

KHOSLA, D.FALSHAW, S.M.SONI
Bhagirath Ram Chand – Appellant
Versus
State Of Punjab – Respondent


Judgment

Khosla, J.

1. In these two petitions (Civil Writ Application No. 162 or 1953 and Civil Writ Application No. 163 of 1953) the validity of the Punjab Security of Land Tenures Act (Punjab Act No. 10 of 1953) hereinafter called the Act, as amended by Ordinance No. 5 of 1953, had been challenged before us. There are several other petitions pending in this Court in which the same point has been raised and the fate of those petitions will depend upon our decision in the two petitions with which this order deals.

The petitioners are landlords against whom their tenants have filed applications under Section 10 of the Act. The applicants were ejected tenants, and they wished to be restored to their tenancy according to the terms of the Act. The landlords contend that the Act is ultra vires the Constitution and pray for the issue of a writ of mandamus directing the officials concerned not to entertain the application of the tenants.

2. Mr. Chatterjee who argued the case on behalf of the landlords based his attack on several grounds but before stating these grounds or discussing them it is necessary to set out briefly the aims and objects of the Act and the manner in which the Legislat






















































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