SADHU SUKH RAM Vs. STATE OF PUNJAB
LAWS(P&H)-1971-1-6
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 04,1971

SADHU SUKH RAM Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) THIS judgment shall dispose of L. P. A. Nos. 628 to 640 of 1970, as they arise out of the same judgment of the learned Single Judge.
(2.) THE only point involved in these Letters Patent Appeals is, whether the title of a tenant, who is allowed to purchase land under his tenancy, on an application being made under Section 22 and granted under S. 23 of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act) would be with effect from the date on which he deposits the first instalment of compensation in the application for the acquisition of proprietary rights granted by the Assistant Collector First Grade or from the date the certificate is issued to him under the provisions of sub-s. (3) of Section 23 of the Act read with Rules 15 and 17 framed under the Act.
(3.) UNDER Section 23 of the Act, when an application is made under Section 22 by a tenant to the Prescribed Authority, the Prescribed Authority satisfies itself that the applicant is entitled to acquire proprietary rights and then proceeds to determined the compensation payable. After determining such compensation, the instalment to be paid are determined and then the tenant is required, by an order in writing, to deposit the first instalment within fifteen days, which period can be extended to one month. Sub-section (3) of S. 23 of the Act then lays down as follows:- "where the first instalment of compensation has been deposited in accordance with the provisions of sub-section (2), the prescribed authority shall issue to the applicant a certificate in the prescribed form declaring him to be land owner in respect of the land specified in the certificate. ";


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