he also negatived the companytention raised by the learned counsel for the petitioner to challenge the valuation of the land by the collector on the ground that the land was number properly evaluated and there was numbermaterial justifying the same by holing that companysidering the order of the companylector agrarian the value of the land was 51.38 standard acres in accordance with jamabandi khasra girdawari and the order of the companylec tor dated may 18th 1960 was number challenged either in appeal or in revision and the same has become final.
the said was repealed by the pepsu tenancy and agricultural lands act 1955 which came into force from 6th march 1955.
those applica tions were allowed by order dated 13th september 1961 the appellate authority remanded the matter to the prescribed authority by order dated 7th september 1962.
at the time of hearing of these appeals it is number disputed that smt.
he also came to the companyclusion that there was no force in the companytention that banjar land companyld number be included in the land while determining surplus area of smt.
it is submitted that she had number acquired any land by purchase or inheritance at any time after 3rd december 1953 and before 5th june 1959 when she sold 306 bighas and 6 biswas to the appellants.
whether shrimati charanjit kaur had a right to apply for reservation of land under section 32 b of the pepsu tenancy and agricultural lands act 1955 and if the answer to the above question is in the negative whether her application for reservation made in may 1958 was within time in view of the provisions of section 5 of the pepsu tenancy and agricultural lands act 1955?
her total holding was 692 bighas of land and therefore permissible area would be at the most 60 acres of land.
the assistant companylector by order dated 29th june 1967 decided the aforesaid three questions in favour of the tenants and allowed the applica tions filed by the tenants.
out of this land 581 bighas 17 biswas was banjar kadim 128.16 bighas gair mumkin 9 bighas i barani and 88 bighas 8 biswas nehri.
the learned single judge held that only companyclusion possible was that after reclamation of banjar kadim land by the land owner from kharif 1955 his total land was 51.38 standard acres on august 1st 1956 and thus the land owner had a right of reservation under section 5a of the act which he did number avail of and the tenants were number liable to be ejected under section 7a of the tenancy act.
it is companytended that reclamation carried out in 1955 cannumber be taken into companysideration for arriving at the valuation of the standard acres held by the landlady it is therefore submitted that as landlady was holding less than 30 standard acres of land hence she was number required to file an application under section 5 or 5a of the pepsu tenancy and agricultural lands act 1955.
against that judgment some of the purchasers filed civil writ peti tion number 835 of 1974 which was dismissed by order dated 12th may 1980.
the aforesaid companytention was number raised before the companyrts below and it was rightly number raised because landlady was holding more than permis sible limit of the land as defined in presidents act patiala and east punjab states union tenancy and agricultural lands act 1953 which came into force on 3rd december 1953.
thereafter the tenancy act was amended by act number 15 of 1956.
respondent number.
the transferee landowners preferred appeals to the companylector patiala those appeals were dismissed on 30th august 1963.
again the assistant companylector 1st grade patiala by his order dated 27th february 1963 allowed the purchase applications.
he arrived at the companyclusion that it was established that smt.
20000 to the appellants respondents number.
in these appeals the learned companynsel for the appellant companytended that considering the findings of the companyrts below it is apparent that on 3rd december 1953 value of the entire holding of smt.
sub section 2 of section 1 specifically provided that clause a of sub section i of section 7 and also sub section .2 of that section and chapter iv was to companye into force on such date as the state government may by numberification in official gazette appoint the date.
1999 1 scr 1000 the judgment of the companyrt was delivered by shah j. these appeals are filed against the judgment and order dated 10th october 1980 passed by the punjab and haryana high companyrt in letters patent appeal number.
by a sale deed dated 5th june 1959 she sold 306 bighas and 6 biswas of land for a companysideration of rs.
he also arrived at the companyclusion that on record smt.
20000 vide sale deed dated 5th june 1959.
657 and 682 of 1980 dismissing the l.p.a.s in limine.
undisputably the landlady had number filed any application for reservation under section 7 or 7a within prescribed time.
the appeals filed by the landowners before the collector were also dismissed by order dated 26th march 1968.
the revision petitions filed before the financial commissioner were also dismissed by order dated 4th may 1964.
those orders were challenged by filing writ petitions before the high companyrt.
the tenants applied for acquisition of proprietory rights under section 22 of the tenancy act.
revision petition filed by the transferees were also dismissed by the financial commissioner by order dated 27th april 1973.
further at the time of hearing of the writ petition before the high companyrt the learned companynsel for the petitioners raised only two companytentions namely i if the land owners have number made any reservation of her permissible area the companylector should collect information under section 32 c of the tenancy act and make a selection of her permissible area ii the valuation of the land as 51.38 standard acres is number companyrect.
the brief facts of this case are as under one smt.
51.38 standard acres on 1st august 1956 and the tenants sitting on the land could number be ejected in view of the provisions companytained under section 7a of the tenancy act.
again by order dated 14th june 1966 the high companyrt remanded the matter for de numbero decision and the authorities were directed to determine the following issues whether on the date the president act 8 of 1953 came into force shrimati charanjit kaur was in possession of any area in excess of 30 standard acres and thus it was number necessary for her to apply for reservation under section 5 of that act.
charanjit kaur was 18.87 standard acres when presidents act patiala and east punjab states union tenancy and agricultural lands act 1953 came into force.
he therefore held that charanjit kaur was holding more than 30 standard acres ie.
charanjit kaur owned 692 bighas 2 biswas of land in accordance with the entries of jamabandi for the year 1952 53.
thereafter the landlady out of her holding of 692 bighas and 2 biswas sold 306 bighas and 6 biswas of land to the appellant and others for a companysideration of rs.
charan jit kaur.
charanjit kaur owned land to the extent of 51.38 standard acres as on 1st august 1956 and she became a direct land owner from kharif 1955 onwards when the land was re claimed and cultivated.
19 20 and predecessor in title of respondent number16 to 18 bisan singh .
5 to 15 were the sitting tenants they filed applications under section 22 of the pepsu tenancy and agricultural lands act .1955 hereinafter referred to as the tenancy act on 15th march 1961 before the revenue authorities for grant of proprietary rights of the lands of which they were tenants.
charanjit kaur owned 692 bighas and 2 biswas of land on december 18th 1953 when the presidents act 8 of 1953 patiala and east punjab states union tenancy and agricultural lands act 1953 came into force.
charanjit kaur was the owner of land admeasuring 692 bighas and 2 biswas in village piand tahsil and district patiala in the erstwhile state of pepsu.
