Mr. Raj Shekhar Attri , J .:- The defendant-State has come up in this regular second appeal assailing the judgment & decree of learned first appellate court vide which appeal was accepted and suit filed by plaintiffs (respondents herein) was dismissed.

2. Undisputedly, earlier Harnam Dass chela Jamuna Dass was a big land owner having land in excess of the permissible area. Out of his total holding, the suit property measuring 90 kanal 19 marla was declared surplus under the provisions of Punjab Land Reforms Act, 1972 (in short ‘Act of 1972). As such same was vested with the State and was mutated in its name vide mutation Nos.08 and 09 (Ex.D1 and Ex.D2 respectively). However, the Punjab Utilization of Surplus Area Scheme, 1973 (for brevity ‘the Scheme’) has been formulated for the purpose of ultilization of the surplus area with certain conditions as provided under clauses 10 and 11 thereof. In pursuance of the Scheme, the suit land was proposed to be allotted to Kaka Singh son of Mangal Singh vide order dated 01.07.1975 (Ex.D3) under certain conditions as stipulated under the Scheme. However, it has been stipulated in allotment order Ex.D3 that the fair rent has not been as