AIR 1981 PUNJAB AND HARYANA 313 ::1981 Punj LJ 259 ::(1981) ILR 2 P&H 195 ::(1981) 83 Pun LR 492 ::83 Pun LR 492 ::(1981) CurLJ(CCR) 337 ::ILR (1981) 2 PunjHar 195

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND B. S. Dhillon, G. C. Mittal , JJ

(A) Punjab Land Reforms Act (10 of 1973) , S.4, S.5, S.8— Land declared surplus prior to Act - Landlord not divested of ownership till enforcement of Act - Landlord is entitled to select permissible area for his family and sons. (i) Punjab Security of Land Tenures Act (10 of 1953) , S.5— (ii) Pepsu Tenancy and Agricultural Lands Act (13 of 1955) , S.3, S.5— 1975 Punj 8, Overruled. (Per Majority, G.C. Mital. J. contra):- A landowner whose land has been declared surplus under the Punjab Security of Land Tenures Act, 1953, or under the Pepsu Tenancy Agricultural Lands Act, 1955, who has not been divested of the ownership of the surplus area before the Punjab Land Reforms Act, 1973, is entitled to select the permissible area for his family and for each of his adult sons in view of the provisions of S.4 read with S.5 (1) of the Punjab Land Reforms Act. 1975 Pun LJ 8, Overruled.(Para 37) It is no doubt true that under the provisions of S.8, the area which has been declared surplus under the Punjab Law or the Pepsu Law can also vest in the State Government, but this section cannot be interpreted to mean that the area of a landowner declare surplus, whose case falls within the purview of Ss.4 and 5 of the Reforms Act, can be taken possession of under S.8 of the Reforms Act. There may @page-P....