GURBAX SINGH versus STATE OF PUNJAB & ORS.

GURBAX SINGH versus STATE OF PUNJAB & ORS.

The area 'selected' by the landowner under s. 5-B is to be treated as 'reserved area' under the Act, and accordingly, the tenant does not have the right to purchase such land under s. 18. The reservation requires compliance with the prescribed procedure, and in this case, there was no evidence that the Patwari had verified the reservation as required; therefore, selection under s. 5-B is valid and excludes the tenant's purchase right.

Parties
Appellant: Gurbax Singh; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
25 October 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 3, 1962 of the Punjab High Court in Civil Writ No. 394 of 1962
Outcome
Appeal dismissed with costs.
Legal Topics
Punjab Security of Land Tenures Act, Tenant's Right to Purchase, Reservation and Selection of Land, Eviction of Tenants Under Land Tenure Laws
Land Law Punjab Security of Land Tenures Act Tenant's Right to Purchase Reservation and Selection of Land Eviction of Tenants Under Land Tenure Laws

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Parties

Gurbax Singh

Appellant

State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 3, 1962 of the Punjab High Court in Civil Writ No. 394 of 1962

Legal Issues

  1. 1 Whether a 'selected area' under s. 5-B of the Punjab Security of Land Tenures Act is equivalent to 'reserved area' under s. 5(1) for the purpose of tenant's right to purchase under s. 18.
  2. 2 Whether the Financial Commissioner committed an error of law in holding that the land had not been reserved under s. 5(1) but only selected under s. 5-B, thereby denying the tenant's right to purchase.

Ratio Decidendi

The area 'selected' by the landowner under s. 5-B is to be treated as 'reserved area' under the Act, and accordingly, the tenant does not have the right to purchase such land under s. 18. The reservation requires compliance with the prescribed procedure, and in this case, there was no evidence that the Patwari had verified the reservation as required; therefore, selection under s. 5-B is valid and excludes the tenant's purchase right.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.