The first petitioner Tara Singh died on July 5, 1987 and his legal representatives have number been brought on record.
1994 1 SCR 180 The following Order of the Court was delivered These appeals are being disposed of by a companymon judgment since a companymon question of law arises, the parties are inter related and the dispute relates to the same land.
The appellants filed writ petitions claiming that the minors in the family had, after declaration of the lands as surplus under 1953 Act, having become majors, they cannot be regarded as surplus holders and, therefore, they were entitled to company tinue to use the lands.
Under Section 2 5 of the Punjab Security of Land Tenures Act, 1953, for short the Act which came into force w.e.f.
Thereafter, applications were filed under Rule 8 of the Rules made under the Act seeking permission to utilise the surplus lands by companytinuing in their possession on the ground that they were cultivating the lands as a modern farm.
While the appellants companytinued to enjoy the surplus lands, the Haryana Ceiling on Land Holdings Act, 1972 came into force w.e.f.
April 15, 1953, the Collector took proceedings dated June 27, 1960 and declared surplus lands companycerned in the respective appeals.
These appeals arise from the judgment of the Punjab Haryana High Court in C.W.P.No.1677 of 1985 and batch by which a Division Bench dismissed the writ petitions of the appellants in Untie.
Therefore, the appeal stood abated, as against him.
Those writ petitions being dismissed, the present appeals are filed by special leave.
Therefore, the appeal as against the other appellants also stood abated.
The appellants family had 828 standard acres of land.
January 24, 1971.
December 23, 1972.
That declaration became final.
Since the cause of action was the dismissal of the appeal against Tara Singh that operates as against the other two persons Pritam Singh and Jeet Singh.
Thus these appeals by special leave are filed.
In CA.Nos.1657/82, C.A. S.L.P. C Nos.7175/86, 3185/85 7441/86, 7384/86, in W.P. Nos.
Shri S.M. Ashri, the learned companynsel for the appellants strenuously companytended that by operation of section 9 of Haryana Act read with the provisions of 1953 Act, the appellants companytinue to remain as owners of the land though the lands were declared surplus.
