- (1.) THE present revision petition is under Section 18(6) of Haryana Ceiling on Land Holdings Act, 1972, challenging the order dated 12.3.1981 passed by Collector, Agrarian, Karnal and order dated 31.3.1981 passed by the Prescribed Authority, Karnal.
(2.) BRIEF facts of the case as born out from the petition are that the predecessor-in-interest of the respondents namely Sh. Lekhu Ram S/o Paru Ram was a displaced person from West Pakistan and was allotted land in village Barsat, Tehsil and District Karnal in lieu of land abandoned in West Pakistan. He was holding 91 standard acres 8-1/2 units as on 15.4.1963. Under the provisions of the Punjab Security of Land Tenures Act, 1953, his land was assessed and Collector, Agrarian vide order dated 1.12.1960 held that there is no surplus area of the said landowner. When it was noticed that the case has been decided wrongly, permission for review of the above order was applied for and the Ld. Commissioner vide his order dated 27.2.1963 allowed the review petition. Vide order dated 15.7.1963, Collector Agrarian, Karnal assessed the total holding of Sh. Lekhu Ram as 91 standard acres 8-1/2 units. By another order dated 10.9.1963, the Learned Collector, Agrarian, Karnal declared 21 standard acres 15-1/4 units as surplus, 19 standard acres 8-1/2 units as Tenants Permissible Area in the hands of petitioner and 50 standard acres as permissible area. Aggrieved by the order dated 10.9.1963, the landowner challenged the order qua surplus land and the Ld. Commissioner vide order dated 4.11.1964 remanded the case to Collector, Agrarian to re-assess the surplus area with the appellant after properly evaluating it and excluding land which was Banjar Qadim as on 15.4.1953. The landowner filed an application before Ld. Collector Agrarian, Karnal, seeking exemption for Banjar Qadim Land and the land transferred in favour of his son and wife before 30.7.1958. The benefit of Banjar Qadim was given to the extent of 9 standard acres 1/4 units but no benefit of transfer before 30.7.1958 was given by the impugned order dated 12.3.1981 passed by Collector Agrarian Karnal on the ground that this can only be claimed under the New Act. After deduction of Banjar Qadim area, 77 Standard Acre 7 Unit area was found in the hands of the landowner and due to consolidation process, it was reduced to 71 Standard Acre 14 Units. On another application filed by Om Parkash S/o Sh. Lekhu Ram the landowner and Smt. Satwanti Bai wife of the landowner, Collector Agrarian, Karnal vide its order dated 31.3.1981 the land transferred by the big landowner before 30.7.1958 was exempted from surplus pool.
(3.) THE petitioner submits that he is aggrieved by the two orders dated 12.3.1981 and 18.3.1981 because his father was the old tenant (as defined in the Punjab Security of Land Tenures Act, 1953) under Lekhu Ram, the big landowner and the respondents have concealed this fact about 19 standard acre 8-1/2 units declared as Tenant Permissible Area vide order dated 10.9.1963 and that the private respondents are now inclined to eject the petitioner from the land earlier declared Tenant Permissible Area vide order dated 10.9.1963 and that the private respondents are now inclined to eject the petitioner from the land earlier declared Tenant Permissible Area.;