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2004 Supreme(SC) 620

S. RAJENDRA BABU, G. P. MATHUR
Pohla Singh @ Pohla Ram (d) by Lrs. – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

G.P. Mathur, J.-This appeal by special leave has been preferred against the judgment and order dated 4.6.1999 of a Full Bench of High Court of Punjab & Haryana whereby Letters Patent Appeal preferred by respondent No. 4 Gurcharan Singh was allowed, the judgment and order dated 13.8.1992 of the learned Single Judge allowing the writ petition filed by the appellants Pohla Singh and others was set aside and the writ petition was dismissed.

2. Dhanna Singh (father of Gurcharan Singh respondent No. 4) had been allotted land by way of a military grant in Sind (Pakistan). On partition of the country he migrated to India. He was initially allotted 79.39 standard acres of land in Village Budhlada, Tehsil Mansa, District Bhatinda which on account of report of Patwari in some Revenue Proceedings was reduced to 68.68 standard acres. In the year 1955. The Pepsu Tenancy and Agricultural Lands Act was promulgated and section 3 thereof provides that the permissible limit shall mean "thirty standard acres of land". Accordingly proceedings for determination of the surplus area were initiated and by an order passed on 28.3.1961, which was ex-parte, 28.68 acres of land were declared as surplus.




























































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