BHAN SINGH AND OTHERS Vs. BUDH SINGH AND OTHERS
LAWS(P&H)-1980-9-28
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 03,1980

Bhan Singh And Others Appellant
VERSUS
Budh Singh And Others Respondents

JUDGEMENT

M.R.Sharma, J. - (1.) COMMON questions of law and fact are involved in these three petitions, (C.W.P. 3694, 3695 and 3696 of 1979) which are being disposed of by one judgment.
(2.) FOR facility of reference, the facts giving rise to C.W.P. No. 3694 of 1979 may briefly be stated as under; The land in dispute originally belonged to Karam Singh, father of the petitioners. After the coming into force of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), he was found to own and possess 69 standard acres and 9 3/4 Units of land. His surplus area case was decided by the Collector on January 7, 1964 and land measuring 35 standard areas and 11 3/4 Units was declared as surplus. Some of the surplus land was allotted to Budh Singh responding Karam Singh, the landowner, died on February 25, 1970. On April 2 1975, Budh Singh respondent moved an application in form 'J' for purchase of the land comprised in his tenancy. This application was contested by the landowners, who also supplied in Form 'L' for his ejectment. Both these applications were heard by the Assistant Collector, 1st Grade, Patti. He, vide his order, dated August 1, 1975, dismissed the ejectment application made by the petitioners and allowed the purchase application qua 8 kanals 10 mar as made by the tenant respondent. The landowners went up in two appeals which were allowed by the Collector vide his order dated March 18, 1975. The case were remanded for a fresh decision by the Assistant Collector, 1st Grade. The Assistant Collector, 1st Grade, vide his order dated June 1976, came to the conclusion that the landowners had become small landowners because of the death of Karam Singh and Budh Singh respondent had no right to purchase the land under Section 18 of the Act. The ejectment application filed by the landowners was allowed.
(3.) BUDH Singh respondent filed an appeal against this older; which was dismissed by the Collector on December 15, 1976. Budh Singh respondent filed a revision petition, which was dismissed by the Commissioner, Jullundur Division, on June 7, 1978, on the ground that there was no legal point which deserved to be referred the Financial Commissioner for the acceptance of the petition.;


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