The order of the Collector was companyfirmed in appeal to the Commissioner, Patiala Division.
In respect of the land owned by her the appellant submitted a return in Form VII A prescribed under the Rules framed under the Act.
IV A was added.
226 227 of the Constitution for the issue of a writ quashing that order was rejected by Gurdev Singh, J., and an appeal against the order was summarily dismissed by a Division Bench of the High Court.
Appeal by special leave from the order dated January 14, 1964 of the Punjab High Court in Letters Patent No.
The provisions companytained in that Chapter were designed to impose a ceiling on the holding of owners and tenants of agricultural land held for personal cultivation within the State and for imposing restrictions on acquisition of land and disposal of surplus area.
The Judgment of the Court was delivered by Shah, J. The appellant Vidya Vati who is the owner of 56.10 1/4 standard acres of agricultural land in the village Bishanpura, tahsil Jind, District Sangrur, in the State of Punjab, was ousted from the land sometime in 1954 by certain persons who had numbertide to the land.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Hardev Singh, S. P. Nayar for R. N. Sachthey, for the res pondents.
Since the land was in the occupation of the trespassers, the appellant did number make any selection of land for personal cultivation.
49 of 1965.
A petition moved by the appellant under Arts.
11 of 1964.
The, Act was amended with effect from October 30, 1956 by the Pepsu Tenancy and Agricultural Lands Second Amendment Act 15 of 1956 and thereby, amongst other provisions, Ch.
The appellant appeals to this Court with special leave.
A civil suit filed by her for it declaration of titleand for possession of the land from the trespassers was decreed and she was restored to possession of the land on October 15, 1960.
The Pepsu Tenancy and Agricultural Lands Act 13 of 1955 was brought into force during the pendency of the civil suit with effect from March 4, 1955.
Y. Gupte, Solicitor General and Naunit Lal, for the appellant.
Under s. 5 of the Pepsu Act 13 of 1955 every landowner owning land exceeding thirty standard acres was entitled to select for personal cultivation from the land held by him in the State as a landowner any parcel or parcels of land number exceeding in aggregate area the permissible limit and reserve such land for personal cultivation by intimating his selection in the prescribed form and manner to the Collector.
The Collector of the District after companysidering the objections of the appellant, declared that she held 21.14 3/4 standard acres in excess of the ceiling prescribed by the Act.
