SAILEN KRISHNA MAJUMDAR versus MALIK LABHU MASIH (DECEASED) REPRESENTED BY SMT. JASSI & ORS.

Citation: [1989] 1 S.C.R. 817 · Decided: 21-02-1989 · Supreme Court of India · Bench: G.L. OZA · Disposal: Dismissed

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Judgment (excerpt)

., 
SAILEN KRISHNA MAJUMDAR 
v. 
MALIK LABHU '!\fASIH (DECEASED) REPRESENTED 
BY SMT. JASS! & ORS. 
FEBRUARY 21, 1989 
[G.L. OZA AND K.N. SAIKIA, JJ.) 
Displaced Persons (Compensation & Rehabilitation) Act, 1954: 
Exemption in respect of gq//antry award /and-Whether available in 
respect of land allotted under this Act. 
A 
B 
Punjab Security of Land Tenures Act, 1953: Sections 9, 14A. I~ 
and 19DD-Grant of land for gallantry before January 26, 1951!-
·~ Whether to be taken in account in computing surplus area. 
c 
Practice and Procedure: Whether equities are equal-Law should 
prevail. 
Word and Phrases: 'In aequa/i jure, melior est conditio possi· 
dentis'-Meaning of. 
D 
~ 
The father of the appellant was conferred a gallantry award post· 
humously by the Government wherewith a piece of land situated in 
E 
Lyallpur district was granted to him, and was allotted to the appellant 
who took possession on July 24, 1947. Consequent to the partition of the 
country the family migrated to India where the Government allotted 
about 69 standard acres of land in Jullundur district as compensation 
-
for the land Jell behind in Pakistan. Out of this land 19 standard acres 
l 
came under the possession of the respondent as a tenant. 
F 
t 
On February, 1961 the respondent tiled an application under s. 18 
of the Punjab Security of Land Tenures Act, 1953 to the Assistant 
Collector stating that he was a tenant in respect of the aforesaid land 
and should be granted permission to purchase the same. The Assistant 
Collector granted the requisite permission subject to the payment of G 
Rs.21,007.88P in ten equal half yearly instalments. The appellant 
appealed to the Collector who upheld the permission to purchase. but 
"!.nhanced the amount payable to the appellant as landlord. 
During the pendency of these proceedings the appellant moved an 
application under s. 9 read with s. l 4A of the Act for ejectment of the 
H 
.. 817 
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i' 'f' 
818 
SUPREME COURT REPORTS 
A respondent and obtained an order an 27th September, 1961. 
B 
c 
The respondent moved a revision petition before the Commis-
sioner in the proceedings initiated under s. : 18 of the Act, and the 
Commissioner made a recommendation to the Financial Commissioner 
for setting aside the orders of the 'Assistant Collector and the Collector 
allowing the purchase of land by the respondent on the ground that the 
application of the appellant for the ejectment of the respondent had 
since been allowed. The Financial Commissioner, set aside the order of 
purchase. The respondents' writ petition challenging this order was 
allowed and the High Court quashed that order on 30th August, 1966. 
On July 3, 1970 the appellant tiled a suit against the respondent 
for possession of the land contending that the respondent had entered 
on a part of land as tenant and subsequently applied for the purchase of 
the land under s. 18, but by virtue of s. 19 DD of the Act inserted on 
August 3, 1968 with retrospective effect, the suit property of gallantry 
award was exempted from the provisions of the Act. The Trial court 
'-.J_.
\ ,_
D 
dismissed the suit. The order was affirmed in appeal by the Additional 
District Judge, and the second appeal to the High Court was also dis-
missed holding that s. 19 DD of the Act was applicable to the suit land 
and the tenant could purchase it under s. 18. 
E 
F 
G 
In the appeal to this, Court, it was contended on behalf of the ,\., 
appellant that the High Court was in error in holding that the land in 
question having been granted to the appellant, the landlord in the year 
1946 the same could not be said to be covered by the provisions of s. 19 
DD of the Punjab Security of Land Tenures Act, 1953. It was also 
contended that equity is in favour of the appellant as the land was as 
compensation for the gallantry award land left by the awardee family at -:J 
Layallpur as a result of partition of the country, and that the privilege 
I 
of exemption should be acquired by the compensation land, and that the f 
appellant has acquired the right to purchase as a tenant in occupation 
after a long time. 
Dismissing the appeal, the Court, 
HELD: 1.1. From the language of s. 19 DD of the Punjab 
Security of Land Tenures Act, 1953 which was inserted by the Punjab 
Act No. 12 of 1968 and from the fact that the date of the award of the 'Ji 
grant of the land for gallantry having been before the 26th day of 
January, 1950 so long as such land or, any portion there

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