GURMEJ SINGH AND ANR. versus STATE OF PUNJAB AND ORS.

GURMEJ SINGH AND ANR. versus STATE OF PUNJAB AND ORS.

Relevant date for determining holding is the commencement of Amending Act, i.e., 30.10.1956; sitting tenants are not liable to be ejected if landowner had more than permissible limit and failed to reserve land for personal cultivation within prescribed time; such tenants are entitled to apply for proprietary rights under Section 22.

Parties
Appellants: Gurmej Singh and Anr.; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
12 March 1999
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Determination of Land Holdings, Tenants' Rights, Ejection of Tenants, Acquisition of Proprietary Rights, Permissible Land Limit, Reservation for Personal Cultivation
Tenancy and Land Law Determination of Land Holdings Tenants' Rights Ejection of Tenants Acquisition of Proprietary Rights Permissible Land Limit Reservation for Personal Cultivation

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Parties

Gurmej Singh and Anr.

Appellants

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 What is the relevant date for determining land holdings under the PEPSU Tenancy and Agricultural Lands Act, 1955 as amended?
  2. 2 Are sitting tenants liable to be ejected under Section 7-A if the landowner sold part of land after the relevant date?
  3. 3 Can tenants acquire proprietary rights under Section 22 if the landowner failed to apply for reservation?

Ratio Decidendi

Relevant date for determining holding is the commencement of Amending Act, i.e., 30.10.1956; sitting tenants are not liable to be ejected if landowner had more than permissible limit and failed to reserve land for personal cultivation within prescribed time; such tenants are entitled to apply for proprietary rights under Section 22.

Court Disposition

Appeal dismissed

Orders

  • Appeals rejected
  • No order as to costs