LexGURMEJ SINGH AND ANR. versus STATE OF PUNJAB AND ORS.
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A GURMEJ SINGH AND ANR. v. STATE OF PUNJAB AND ORS. MARCH 12, 1999 B .. (S. SAGHIR AHMAD AND M.B. SHAH, JJ.) Tenancy and Land Laws : PEPSU Tenancy and Agiicultural Lands Act, 1955 (as amended by C Amending Act 15 of 1956). Section 32-NN-Holdings of land-Detennination of-Relevant date for-Held: Relevant date is date of commencement of the Amending Act, i.e. 30.10.1956. Section 7-A-Sitting tenants-Ejection of-By landowner-Landowner D held more than the pennissible limit (30 standard acres) including land which was reclaimed and brought under cultivation before the relevant date-Such landowner sold part of his land to the purchasers after the said date-Held: Sitting tenants not liable to be ejected under S. 7-A. E Sections 7, 7-A and 22-Sitting tenants-Ejection of-By land- owner-Landowner did not apply for reservation of land within the prescribed time under S. 5-Afor his personal cultivation-Held: Sitting tenants not liable to be ejected-Such sitting tenants entitled to file an application for proprietary rights under S. 22. p Section 3-llolding of land--Pennissible limit-Held: The pennissible limit for holding of land Would be at the most 30 standard acres and where such 30 standard acres converted into ordinary acres exceed 60 acres, then 60 acres would be the pennissib/e limit. Sections 2(k) and 22-Tenant-Definition of-Held: A tenant who is G not liable to be ejected under S. 7-A(l)(a) and S. 7-A(J)(b) is entitled to file an application for acquisition of proprietary rights under S. 22. Words and Phrases : "Tenant''-Meaning of-ln the context of Section 2(k) of the PEPSU H Tenancy and Agricultural Lands Act, 1955. 1000 ..... r GURMEJ SINGH v. STATE 1001 The owner of a land sold a part of her land to the appellants after A 30.10.1956 when the amendment to the PEPSU Tenancy and Agricultural Lands Act, 1955 came into force. At the time of sale the owner of the · land was holding more than the permissible limit under Section 3 of the Act i.e. 30 standard acres ( 60 ordinary acres). The owner of the land did not apply for reservation of land under Sections 7 or 7-A Or the Act B within the prescribed time for her personal cultivation. The respondents-sitting tenants filed applications under Section 22 of the Act before the Revenue Authorities for grant of proprietary rights of the lands sold of which they were tenants. Those applications were allowed. The appeals preferred by the appellants-purchasers before the Assistant Collector were dismissed. The Revision Petitions filed by the a11pellants before the Financial Commissioner were also dismissed. The writ petition filed by the appellants before the H.C. was also dismissed c on the ground that the land owner did not avail herself of her right of reservation under Section 5-A of the Act and the respondents-tenants D were, therefore, not liable to be ejected under Section 7-A of the Act. Hence this appeal. Dismissing the appeal, this Court HELD : 1.1. Section 32-NN of the PEPSU Tenancy and Agricultural Lands Act, 1955 clarifies that the relevant date for determining the hold- ings of land of any person under the Act would be the date of commence- ment of the Amending Act 15 of 1956 i.e. 30.10.1956. [1011-F] E Bhagwan Das v. State of Punjab, [1966] 2 SCR 511, held not ap- F plicable. 1.2. It is clear from Section 3 of the Act that the permissible limit for holding of land would be at the most 30 standard acres and where such 30 standard acres converted into ordinary acres exceed 60 acres, then 60 G acres would be the permissible limit. [1006-F] Ajmer Singh v. State of Punjab, [1990] 1 SCC 227 and Munshi Ram v. Financial Commissione1; relied on. 2. A tenant as defined in Section 2(k) of the Act who is not liable to H 1002 SUPREME COURT REPORTS [1999] 1 S.C.R. A be ejected under Section 7-A(l)(a) and Section 7- A(l)(b) is entitled to file an application for acquisition of proprietary rights under Section 22 of the Act. Admittedly respondents were tenants within the meaning of Section 2(k) of the Act. In the present case, the landlady had not applied for reservation ofland under Section (5-A) for her personal cultivation within B the prescribed time and, therefore, the sitting tenants are not liable to be ejected under Section 7-A of the Act. [1008-D-E] CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1289-90 of 1981. C From the Judgment and Order dated 10.10.80 of the Punjab & Haryana High Cou
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