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1997 Supreme(P&H) 686

T.H.B.CHALAPATHI
Balwant Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.C. Mehta, Senior Advocate with Mr. Ranjan Lohan, Advocate.
For the Respondent No. 1:Mr. Vimal Kapoor, Advocate.
For the Respondent Nos. 2 to 10:Mr. G.S. Bawa, Advocate.

JUDGMENT

T.H.B. Chalapathi, J. - As common question of law and facts arises in both these cases, they are heard together and disposed of by this common judgment.

The petitioners in Civil Writ Petition No. 549 of 1993 purchased the land of an extent of 66 kanals 1 marla from Baljit Kaur respondent No. 4, under registered sale deed dated 10.6.1977 for a sum of Rs. 40,000/- executed by the power of attorney holder of Baljit Kaur namely Surjit Singh who is her husband (respondent No. 5). As the vendor Baljit Kaur and her husband Surjit Singh owned land exceeding the permissible limit under the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as Act) they submitted a declaration under the Act. The Collector assessed the total holding of respondents No. 4 and 5 as 897 kanals 3 marlas which came to be 1567 kanals 6 marlas of C category land. By an order dated 9.2.1979 the Collector held that the respondents No. 4 and 5 were entitled to 132 kanals of C category land as permissible area and declared the remaining land as surplus.

2. The petitioner in Civil Writ Petition No. 554 of 1993 purchased 60 kanals 8 marlas of land form Baljit Kaur under registered sale deed dated 1






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