MOTI RAM Vs. THE COLLECTOR AGRARIAN AND ORS.
LAWS(P&H)-1983-4-56
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 27,1983

MOTI RAM Appellant
VERSUS
The Collector Agrarian And Ors. Respondents

JUDGEMENT

S.S. Sodhi, J. - (1.) DO the words "adult son" occurring in Section 5 of The Punjab Land Reforms Act, 1973 (hereinafter referred to as the Act) include the Chela of a Mahant, so as to entitle such Chela to select separate permissible area as an adult son is entitled to in terms thereof? This is the short controversy raised in this writ petition.
(2.) MOTI Ram Petitioner held agricultural land in excess of the permissible area as defined in the Act. He claimed that he had a Chela Harka Das who was an adult and consequently Harka Das too was entitled to select separate permissible area under the Act. This contention was repelled by the Collector Agrarian when it WAS raised before him but no appeal being filed against his order, it does not appear to have been pressed as no mention is contained of any such plea in the impugned order of the Commissioner, Patiala Division, Patiala of March 11, 1976 (Annexure P - -2). It was the contention of Mr. Bhandari, learned Counsel for the Petitioner, that the Chela of a Mahant was also entitled to separate permissible area and for this proposition his reliance was upon the observation made by the Supreme Court in Sital Das v. Sant Ram : AIR 1954 S.C. 606 where it was stated. It is well known that entrance into a religious order generally operates as a civil death. The man who becomes an ascetic severs his connection with the members of his natural family and being adopted by his preceptor becomes, so to say, a spiritual son of the latter. The other disciples of his Guru are regarded as his brothers, while the co -disciples of his Guru are looked upon as uncles and in this way a spiritual family is established on the analogy of a natural family. The contention raised is patently devoid of merit. The expression "son" has not been assigned any special meaning under the Act and has, therefore, to be understood in its ordinary usual sense of meaning, the male child of a parent. The Chela as the "spiritual son" of the Mahant does not thereby become the child and the Mahant its parent, according to the meaning of "son" as is commonly understood. It would be putting a construction quite contrary of its true meaning, if for the purpose of this Act, a Chela is said to be the child and the Mahant its parent. The description of a Chela as the "spiritual son" of the Mahant cannot be taken to bring him within the ambit of the word "son" so as to entitle him to a separate unit of permissible area under the Act.
(3.) THE impugned order thus warrants no interference in writ proceedings and this writ petition is accordingly hereby dismissed. In the circumstances of the case, however, there will be no order as to costs.;


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