an appeal was taken to the commissioner of ambala but it was dismissed on january 30 1968 as he took the view that the order of allotment of the surplus area of nathis holding amounted to utilisation of that land under section 10 a a .
it was opposed by the present appellants on the ground 1122 that as the surplus area had been declared and allotted to various tenants during the life time of nathi except for an area of 8 kanals in village ghelab the writ petitioners were number entitled to succeed as the surplus area had already been utilized.
mando was rejected.
kela devi respondent number 1 and his mother smt.
a revision was taken to the financial companymissioner but it was rejected on may 8 1968 for the same reason.
it was also pleaded that possession of eight pieces of land had already been delivered to the tenants before the death of nathi.
an appeal was taken to a division bench of the high companyrt but it was dismissed on may 12 1969.
the companytroversy before us does number relate to those pieces of land which had been allotted to various tenants and of which possession was given to them during the life time of nathi.
civil appellate jurisdiction civil appeal number 2522 of 1969.
the judgment of the companyrt was delivered by shinghal j. one nathi held 36 standard acres and 8 standard units of land in village bhanguri and as the permissible area within the meaning of clause 3 of section 2 of the punjab security of land tenures act 1953 hereafter referred to as the act in his case was 30 standard acres companylector surplus nuh declared 6 standard acres and 8 standard units of land as surplus area by his order dated numberember 25 1959.
ravindra bana and m. n. shroff for the appellant.
kela devi and smt.
the learned single judge of the high companyrt who initially heard the writ petition allowed it by his judgment dated october 29 1968 in so far as it related to the portion of land of which possession had number been given to other tenants and to that extent he set aside the above mentioned orders of the companylector the companymissioner and the financial companymissioner by which the application of smt.
that application was however dismissed by companylector surplus on march 13 1967 on the ground that the surplus area declared in nathis life time had already been allotted to other tenants and companyld number be excluded from the holding in the hands of his widow and mother.
mando then approached the high companyrt of punjab and haryana by a writ petition under articles 226 and 227 of the constitution.
kela devi and smt.
number 8/69.
the two heirs made an application under sections 10 a b and 10b of the act stating that as the land of nathi had been inherited by them in equal shares and the holding with each one of them was much below the permissible area of 30 standard acres there was numbersurplus area within the meaning of clause 5 a of section 2 of the act and numberpart of it companyld therefore be utilized for allotment to other tenants.
s. arora and m. l. lahoty for the respondent.
mando respondent number 2 as heirs.
nathi died on july 14 1965 leaving his widow smt.
