Jagat Singh Vs. Jai Dev - Court Judgment

Excerpt:

.....the liability to surrender the surplus land would not come to an end. [105c]. rule 19 of the uttar pradesh imposition of ceiling on land holdings rules, 1961 framed under the act provides that where a tenure-holder dies before the publication of the general notice under s.9 of the act, such publication shah be deemed to apply to the executor, administrator or other legal representatives and the prescribed authority may proceed to determine the ceiling area applicable to the deceased person as if such executor administrator of other legal representatives were the tenure-holder- it also pro- vides that where a tenure-holder dies before he is served with a notice under sub-s. (2) of s. 10 of the act, the prescribed authority may serve such notice on his executor, administrator or other legal representatives and may proceed to determine the ceiling area applicable to the deceased person as if such executor, administrator or other legal representatives were the tenureholders. [105d-f]. the principle applicable to the determination of the surplus land under the land reform laws in the hands of person holding land is the date on which the ceiling is imposed. [105g] 'the surplus land..........in the trial court and respondent before us. the vendee, defendant is the appellant before us. the right of pre-emption has now been taken away by section 3 of the punjab pre-emption (repeal) act, 1973. this operates only within the territorial limits of the punjab state, the result is that the lands covered by the sale deed, in so far as they lie within the state of punjab, cannot be subjected to the right of pre-emption of the plaintiff. the decree which he has secured in enforcement of such a pre-emption right, must fail and the suit, to the extent to which the lands lie within the state of punjab, must be dismissed.3. both sides agree that so far as the lands which lie within the haryana state - a part of the lands sold is within the haryana state will - not be affected by the punjab pre-emption (repeal) act 1973 and that the sale deed so far as that land is concerned, will not stand.4. thus, in so far as the lands in punjab state are concerned, the sale deed is valid and the lands which lie within the haryana state are concerned, the sale deed is bad. the result is that the decree granted in favour of the plaintiff/ respondent by the high court will, in so far as it.....