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2011 Supreme(P&H) 1134

K.KANNAN
Sewa Singh – Appellant
Versus
Financial Commissioner, (Appeals), Punjab, Chandigarh – Respondent


Advocates appeared:
Mr. R.C. Setia, Sr. Advocate with Mr. Vishal Ranjan, Advocate, for the petitioners.
Mr. K.S. Sivia, DAG, Punjab for respondents No.1 to 4.
None for respondent No.5

JUDGMENT

K. KANNAN, J. (Oral) - 1. All the three writ petitions are connected and deal with the issue of nature of right that a tenant holds within the tenants' permissible area as described under the Punjab Security of Land Tenures Act, 1953. The facts are not in dispute.

2. Fakir Chand was owner of 78.30 standard acres under the Land Reforms Act, 1953 (for brevity, 'the 1953 Act'). Under 1953 Act, the land owner was entitled to retain 30 standard acres. His permissible area was declared by 30 standard acres and the permissible area of tenants' holding was 32 standard acres and the properties that had been sold which was with the vendees holding was in an extent of 16-6 ½ standard acres. In the manner in which, the holdings got distributed, there was no surplus. Fakir Chand who held his own 30 standard acres and who was the owner of 32.7 standard acres which was the permissible holding of tenants gifted the property to his four sons on 22.10.1971. The respondents No.5 and 6 herein were the persons who were holding the property within the tenants' permissible area. Sewa Singh, petitioner before this Court and who was a donee, filed a petition for ejectment under Section 9(2)(iii) o











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