Court : Supreme Court of India
Reported in : AIR1969SC33; (1968)70PLR1082; [1968]3SCR655
..... 2(c) of the east punjab displaced persons (land resettlement) act, 1949 (east punjab act no. ..... in dismissing the revision petition the chief settlement commissioner relied upon paragraph 17 of tarlok singh's land resettlement manual, 1952 edition, page 180 which was to the following effect : 'even where a displaced land holder in whose name the land stands in the records received from west punjab has died, the allotment ..... 2(c) defines a 'landholder' to mean 'an owner of land or a tenant having a right of occupancy under the punjab tenancy act, 1887 (xvi of 1887) or a tenant as defined in section 3 of the colonization of government lands act, 1912 (punjab act v of 1912) and such other holder or grantee of land as may be specified by the provincial government;'. ..... was made in this connection to paragraph 17 of tarlok singh's land resettlement manual which has already been quoted. ..... 4892/s, dated the 8th july, 1949, and includes his heirs, legal representatives and sub-lessees ..... the east punjab evacuees, (administration of property) act, 1947, the custodian issued a notification no. ..... question to be considered in this appeal is whether nanak chand was a 'displaced person' as defined in para 2(e) of the notification dated july 8, 1949 or a 'refugee' as defined under s. ..... ' section 4 of that act provided that 'all evacuee property situated within the province shall vest in the custodian for the purposes of this act and shall continue to be so vested until the provincial government by notification .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]Supp3SCR386
..... the question whether the appellant is a landowner or not depends upon the definition of that term in the act, which is in these terms :- '(1) 'landowner' means a person defined as such in the punjab land revenue act, 1887, (act xvii of 1887), and shall include an 'allottee' and 'lessee' as defined in clauses (b) and (c) respectively of section 2 of the east punjab displaced persons (land resettlement) act, 1949, (act xxxvi of 1949) hereinafter referred to as the 'resettlement act'. ..... 2 of the east punjab displaced persons (land resettlement) act, (no. ..... 3(2) is in these terms :- ''landowner' does not include a tenant or an assignee of land revenue, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm under this act for the recovery of an arrear of land-revenue or of a sum recoverable as such as arrear and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof or in the enjoyment of any part of ..... to that other person but it does not include - (a) an inferior landowner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm under the punjab land revenue act, 1887 for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear, or (d) a person who takes from the government a lease of unoccupied land for the purpose of subletting it;'. 5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)136PLR287
..... in favour of a person other than an evacuee were terminated by section 9 of the east punjab displaced persons (land resettlement 'act'), 1949 (for brevity '1949 act') section 9 created one exception and it empowered additional custodian to grant exemption to a lease from termination. ..... any lease or agreement under which any evacuee property is held or occupied by a person (whether such allotment, lease or agreement was granted or entered into before or after the commencement of this act)(v) who has after the 18th day of october, 1949 acquired if the acquisition has been made in person by way of purchase of exchange or if the acquisition has been made by or through a member of his family in any manner whatsoever, any ..... property under any law for the time being in force in pakistan;-(iv) who has, after the 18th day of october, 1949 transferred to pakistan, without the previous approval of the custodian his assets or any part of his assets situated in any part of the territories to which the act extends; or notwithstanding anything contained in any other law for the time being in force, the custodian may cancel any ..... leases as the custodian by order exempt from the operation of this section, made by an evacuee in favour of a person other than evacuee shall be deemed to have terminated on the 25th july, 1949 and the land shall be deemed to have vested under this act in the custodian with effect from the same date free from all rights of the lessee or persons claiming under such lessee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H405
..... this lease would have normally expired under the 'deeming' clause embodied in section 9 of the east punjab displaced persons (land resettlement) act, 1949, on 25th of july, 1949, whereby all leases made by an evacuee in favour of a person other than an evacuee were to terminate on 25th of july, 1949. ..... those persons who had acquired lease hold rights from the muslim owners before the partition and had been allowed to continue their leases under section 9 of the east punjab displaced persons (land resettlement) act, were to be allowed facilities to purchase evacuee lands in their possession. ..... that the real question whether the plaintiff has right to enforce a contract by means of an order for specific performance was not a matter which the managing officer was competent to decide under the provisions of the act, even assuming that the land formed part of the compensation pool, and consequently the jurisdiction of the civil court remained unimpaired.on a parity of reasoning it has been urged, and in my opinion rightly, that the redress ..... the dispute related to a plot which the plaintiff claimed to have purchased in an auction held under the orders of the managing officer, appointed under the provisions of the displaced persons (compensation and rehabilitation) act, by way of specific performance and the union of india was sought to be restrained from confirming the sale in favour of another person to whom it was subsequently sold. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H32
..... act, 1912; the east punjab displaced persons resettlement act, 1949; east punjab reclamation of land act, 1941 and the security of land tenures act, ..... on the assumption that the provisions of the east punjab utilization of lands act, 1949 (hereinafter referred to as the act) applied, the collector kaithal issued orders to a bunch of ex-servicemen co-operative tenants farming societies, directing their dispossession from the lands and their delivery to the rightful owners on the ground that the period ..... 1122, 1123 of air):--'after having been taken through the provisions of the act, we find that the provisions for eviction could only apply to cases where it is clear or there is no dispute that the person to be evicted was a lessee ..... the proper manner in which the collector should have acted in this case is that he should have collected all the evidence in support of the plea that the land had been allotted to the petitioner-society under the act and then he should have called upon the said society to ..... , the collector, when proceeding to take steps under the act, must determine the source and extent of his power and jurisdiction, where these are questioned, so as to decide whether the act relied upon by a party before him could be applied ..... be initiated by him in terms of the judgment of the supreme court with a view to decide the question formulated by it and to decide whether or not the land had been leased out to the petitioner under the act and thereafter take appropriate action. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H162
..... jagannadhadas observed at pages 605 and 606 that:'it may be mentioned in this context that east punjab displaced persons (land resettlement) act, 1949, mentioned above, which was passed shortly after these rules were notified also defines the word 'allottee' and says that allottee ..... dass having died before the actual allotment was made, each of his sons falls within the concept of a displaced person which under subsection (11) of section 2 of the act 'has the meaning assigned to it in the east puniab displaced persons (land resettlement) act, 1949,' (hereinafter called the resettlement act). ..... if such a landowner happened to the before the actual allotment was determined, it could not possibly matter as the displaced person whose claim was to be settled under the resettlement act was the original landowner and no one else for this reason it is submitted by the counsel that the allotment of the land in question was made in favour of bishan dass although he was ..... aspect of the case our view, therefore, is that the appellants not being displaced persons, as defined in the resettlement act, cannot avail of the concession available to such persons under clause (b) of proviso (ii) to sub-section (3) of section 2 of the act and the holding of each appellant on conversion into ordinary acreage being 88, he cannot be regarded as a 'sma1 ..... 1949, when the resettlement act was enacted, the appellants as sons of bishan dass had become holders of land in pakistan, their father having died on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC599; [1957]1SCR801
..... ' it may be mentioned in this context that east punjab displaced persons (land resettlement) act, 1949, mentioned above, which was passed shortly after these rules were notified also defines the word 'allottee' and says that allottee means 'a displaced person to whom land is allotted by the custodian under the ..... ordinance xiv of 1949) which was replaced by the east punjab displaced persons (land resettlement) act, 1949 (e.p. ..... taking all the above incidents together as to the position of a displaced land-holder to whom evacuee agricultural land has been allotted under the notification of july 8, 1949, there can be no doubt that he is in a definitely better legal position than the allottee of other kinds of property under central act xxxi of 1950 and the central rules of 1950, who, as already shown, is more or less in the position of a licensee. 28. ..... ' thus the definitions of the word 'allottee' in the rules of july 8, 1949 and under the act passed shortly thereafter recognise not only that an allotment is to be in favour of a displaced land-holder for the period the land is vested in the custodian but that it enures for the benefit of his heirs and legal ..... this was followed by the east punjab displaced persons (land resettlement) ordinance, 1949 (e.p. ..... the subsequent east punjab ordinance ix of 1949, central ordinance xxvii of 1949 and central act xxxi of 1950 contain substantially the same provisions relating to cancellation of allotments. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC994; (1974)2SCC70; [1974]3SCR152
..... punjab land revenue act, 1887 (act xvii of 1887) and also includes an "allottee" and "lessee" as defined in clauses (b) and (c) respectively, of section 2 of the east punjab displaced persons (land resettlement) act, 1949. ..... resettlement act, 1949) do not come within the definition of "landowner-" given in the act ..... area by the landowner sometime after the determinative date and who thereafter remained in continuous occupation of the land for the requisite term ; (c) tenants who were resettled on the surplus area by the government, and thereafter remained in continuous occupation of the land for the requisite period.quite a number of tenants who invoke s. ..... (i) who has been in continuous occupation of the land comprised in his tenancy for a minimum period of six years, or (ii) who has been restored to his tenancy under the provisions of this act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together amount to six years or more, or (iii) who was ..... provision which says that a decision has to be given by any authority whether a permissible area has or has not been rightly reserved or selected by a landowner or tenant concerned, but when the provisions of the act with the rules are considered, it becomes plain that while determining the surplus area with a landowner or a tenant the question of his permissible area comes to be determined so that, if there is a question in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H157
..... east punjab displaced persons (land resettlement) act, 1949 (act 36 of 1949), hereinafter referred to as the resettlement act ..... . according to section 10-a, the state government or any officer empowered by it in this behalf could utilize the surplus area for the resettlement of elected tenants or tenants that might be ejected under section 9 (1) (i) of the act.sub-section (b) of section 10-a provides as follows:--'10-a (b) -- notwithstanding anything contained in any other law for the time being in force and save in the case of land ..... surplus and is never taken out of the pale of the area which is liable to be utilised under section 10-a (a) except in the cases of acquisition by the state or acquisition by inheritance referred to in the act; and (viii) that the purpose of enacting section 19-b was to take over the surplus area of those who became big land-owners after april 15, 1953, by acquiring more lands from other land-owners ( ..... thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres, such sixty acres: provided that:-- (i) no area under an orchard at the commencement of this act, shall be taken into account in computing the permissible area; (ii) for a displaced person-- (a) who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty ..... the 1955 act was 'to introduce the new concept of 'surplus area' and its utilisation by the state government for the resettlement of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H255
..... land resettlement) act, 1949 (act xxxvi of 1949) hereinafter referred to as the 'resettlement act' ..... resettlement act ..... include-- (a) an inferior landowner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the punjab land revenue act, 1887 (xvii of 1887), for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear, or (d) a person who takes from the government a lease of unoccupied land for the purpose of subletting it. ..... ' 'landowner' does not include a tenant or an assignee of land revenue, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm, under this act for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof ..... the definition will not be complete without adding the meaning from the punjab security of land tenures act :--' 'tenant' has the meaning assigned to it in the punjab tenancy act, 1887 (act xvi of 1887), and includes a sub-tenant, and self-cultivating lessee, but shall not ..... the words 'landwoner' and 'tenant' are contradistinct but the words 'landlord' and 'tenant' are correlated, for the purposes of the act one has to be a tenant of landlord-landwoner, and a landowner, unless he becomes a landlord to a tenant, can remain a .....
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