INDER SINGH & ANR. versus STATE OF PUNJAB & ORS.

INDER SINGH & ANR. versus STATE OF PUNJAB & ORS.

Section 32-KK is a valid measure for agrarian reform, protected by Article 31-A as part of the legislative object of land redistribution. It equates the joint holding of a Hindu undivided family to an individual for the purpose of the ceiling without otherwise affecting members' property rights, compensation, or relationship in family property. The provision cannot be challenged on the grounds of violation of Arts. 14, 19, or 31 due to the shield of Art. 31-A.

Parties
Appellant: Inder Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
10 April 1967
Procedural Posture
Civil Appeal / Appeal From the Order Dated May 30, 1963 of the Punjab High Court in Letters Patent Appeal No. 148 of 1963
Outcome
Appeal dismissed
Legal Topics
Ceiling on Agricultural Land, Validity of Statutory Ceilings, Rights of Coparceners in Hindu Undivided Family, State Acquisition of Surplus Land
Constitutional Law Property Law Agrarian Reform Ceiling on Agricultural Land Validity of Statutory Ceilings Rights of Coparceners in Hindu Undivided Family State Acquisition of Surplus Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Inder Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal From the Order Dated May 30, 1963 of the Punjab High Court in Letters Patent Appeal No. 148 of 1963

Legal Issues

  1. 1 Whether s. 32-KK of Pepsu Tenancy and Agricultural Lands Act, 1955, deprives a coparcener in a Hindu undivided family of rights in violation of Arts. 14, 15, 19, and 31 of the Constitution
  2. 2 Whether s. 32-KK is protected as agrarian reform under Art. 31-A of the Constitution

Ratio Decidendi

Section 32-KK is a valid measure for agrarian reform, protected by Article 31-A as part of the legislative object of land redistribution. It equates the joint holding of a Hindu undivided family to an individual for the purpose of the ceiling without otherwise affecting members' property rights, compensation, or relationship in family property. The provision cannot be challenged on the grounds of violation of Arts. 14, 19, or 31 due to the shield of Art. 31-A.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed with costs.