- (1.) This execution second appeal has been filed against the concurrent findings of both the Courts below.
(2.) The respondent-decree-holder had filed a suit for pre-emption and the same was decreed. He then filed an execution application which was resisted by the appellants-judgment-debtors. The Executing Court rejected their objections vide its judgment dated October 23, 1972. Dissatisfied with that order, the judgment-debtors filed an appeal before the learned District Judge, Hissar, which was also dismissed vide order dated January 9, 1974. It is against these orders that the present execution second appeal has been filed.
(3.) Under Section 19-A of the Punjab Security of Land Tenures Act, 1953 (hereinafter called 'the Act'), no right-holder can acquire, hold or own land more than the permissible area. Section 19-A of the Act is in the following terms :- "19-A. Bar of future acquisition of land in excess of permissible area. - (1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from and after the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958, no person, whether as landowner or tenant, shall acquire or possess by transfer, exchange, lease, agreement or settlement any land, which with or without the land already owned or held by him, shall in the aggregate exceed the permissible area : Provided that nothing in this Section shall apply to land belonging to registered co-operative societies formed for purposes of co-operative farming if the land owned by an individual member of the society does not exceed the permissible area. (2) Any transfer, exchange, lease, agreement or settlement made in contravention of the provisions of sub-section (1) shall be null and void.";