Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Municipal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Security of Lands Tenure Act, 1953 - s. 2(3) scope of - "Permissible area" how computed - Appellants sons of a displaced person from Pakistan - S. 2(3) if applicable to heirs of a deceased displaced person - Banjar land if should be excluded in computing "permissible area". In relation to a land-owner or a tenant, the term "permissible area" as defined in s. 2(3) of the Punjab Security of Land Tenures Act, 1953 means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres such sixty acres, Clause (ii) (b) of the proviso enacts that if a displaced person who has been allotted land in excess of thirty standard acres but less than fifty standard acres, the permissible area shall be equal to his allotted area. The Explanation states that for the purposes of determining the permissible area of a displaced person the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted. The appellants' father, a displaced person, owned considerable agricultural land in West Pakistan. After his migration to India and subsequent death, in lieu of the land abandoned in Pakistan 124 standard acres were allotted in his name. Mutation of the property was sanctioned in favour of the appellants and permanent rights were conferred in their names.Alleging that they were 'small land-owners' as defined in the Act, and that they required the land for self-cultivation they applied for ejectment of the respondent No. 2 who at that time was in possession of the land. The Assistant Collector, rejected their request, their appeal to the Collector was dismissed and revision application to Commissioner and Financial Commissioner were also rejected. In their writ petition under Art. 226 of the Constitution they contended that if the "permissible area" is computed under proviso (ii) to s. 2(3) of the Act, the holding of each of them would be below the permissible limit of thirty standard acres; that since the allotment was made in standard acres, the 'permissible area' of each of them would be 30 standard acres notwithstanding that on conversion into ordinary acres it exceeds sixty ordinary acres. A single Judge of the High Court dismissed their writ petition. On appeal, the Full Bench of the High Court held that since the appellants were not displaced persons, the concession of an enhanced permissible area under proviso (ii) to s. 2(3) was not available to them and their permissible area would be sixty ordinary acres, each, and since the holding of each of them exceeded sixty ordinary acres they were not 'small land-owners' and so could not seek ejectment of the tenant.On further appeal to this Court it was contended, (1) that the words "such ~thirty standard acres'' in the definition exclude conversion into ordinary acres where the area already held in standard acres falls below thirty standard acres; (2) that they were small land owners because each of them was holding only 24 standard acres and the Explanation to s. 2(3) had no application to them because the land was allotted to their father who was a displaced person; and (3) that while computing the "permissible area" uncultivated Banjar land which does not fall within the definition of 'land" for the purposes of the 1953 Act had wrongly been included. Rejecting contentions (I) and (2), |
Judge | Hon'ble Mr. Justice R.S. Sarkaria |
Neutral Citation | 1979 INSC 60 |
Petitioner | Munshi Ram And Ors. |
Respondent | Municipal Committee, Chheharta |
SCR | [1979] 3 S.C.R. 463 |
Judgement Date | 1979-03-06 |
Case Number | 1998 |
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