Supreme Court Upholds Landlord's Status as Small Landowner Under Punjab Security of Land Tenures Act, 1953. Status Determined at Date of Act Commencement, Not by Later Land Valuation Increases or Consolidation Under Section 9(1)(i) and Section 19-F(b).

Civil appeal by special leave against a Punjab High Court order under Article 227 of the Constitution of India, setting aside revenue authorities' orders allowing ejectment of a tenant by a landlord claiming small landowner status under the Punjab Security of Land Tenures Act, 1953.

The appellant sought ejectment of respondent No.4, a tenant, under Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953, claiming he was a small landowner.

The Assistant Collector dismissed the ejectment application on the ground that due to increased land value, the appellant's holding exceeded 50 standard acres, making him a big landowner; the appellant thereafter appealed through revenue hierarchy and then to the High Court and Supreme Court to establish his status as small landowner.

Assistant Collector, 1st Grade, Hissar dismissed the ejectment application on February 17, 1960; Collector, Hissar allowed appeal on May 2, 1960; Commissioner, Ambala Division dismissed second appeal on August 30, 1960; Financial Commissioner dismissed revision on January 2, 1961; Punjab High Court allowed writ petition under Article 227 on August 22, 1961, set aside revenue orders.

Whether the appellant was a small landowner within the meaning of Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953. Whether the status of a landowner under the Act should be determined as on the date of commencement of the Act or as on the date of the ejectment application. Whether subsequent improvements in land value or compulsory consolidation of holdings could alter a landowner's status or permissible area. Whether Section 19-F(b) permitted fresh evaluation of land in the absence of acquisition by inheritance, bequest, or gift.

Appellant contended that his status as a small landowner must be determined on the date of commencement of the Act (April 5, 1953) when he held only 42 standard acres 11 units, and that later improvements or consolidation should be ignored. Respondent No.4 (tenant) contended that the appellant's land should be re-evaluated on the date of the ejectment application (February 20, 1958), when it equated to more than 50 standard acres, rendering the appellant a big landowner and ineligible to eject. Respondent No.4 relied on the need to evaluate permissible area as of the date of application, which the High Court accepted.

Under the Punjab Security of Land Tenures Act, 1953, the entire land held by a landowner on the date of commencement of the Act must be evaluated as on that date to determine his status as small or big landowner and ascertain surplus area. A person who is a small landowner at the commencement continues to be so unless he acquires more land such that, considering the value on the date of acquisition, he becomes a big landowner. Subsequent improvements in the value of land or re-allotment on compulsory consolidation of holdings do not alter status or permissible area. Section 19-F(b) allows fresh evaluation only where the landlord owns land after commencement by inheritance, bequest, or gift; in the absence of such special circumstances, the Revenue Assistant cannot re-evaluate land in an ejectment application under Section 14-A. The High Court erred in re-evaluating land as on the date of application.

On a combined reading of ss. 2, 3, 4, 5, 5A, 5B, 5C, 10A, 19A and 19D, the scheme of the Act appears to be as follows : The entire land held by the landowner in the State of Punjab on the date of the commencement of the Act must be evaluated as on that date and the status of the landowner and his surplus area, if any, must be then ascertained. If he is a small landowner at the commencement of the Act, his status is not altered by reason of improvements in the value of his land or re-allotment of land on compulsory consolidation of holdings. Under s. 19-F(b) fresh evaluation of land can take place 'at any time' but the power under that section is exercisable only in the context of special circumstances, that is to say, where the landlord owns land after the commencement of the Act by inheritance, bequest or gift. The omission, therefore, to make any provision as to what has to be done, if as a result of improvements made by the landlord or by reason of the rise in the yield of the land through other causes would point only to one conclusion and that is that this circumstance is not to be taken into account for evaluating the land afresh and recalculating the standard acreage.

The appellant, a displaced person, was allotted 105 ordinary acres equivalent to 42 standard acres 11 units in 1949. The Punjab Security of Land Tenures Act, 1953 came into force on April 5, 1953, when the appellant held only permissible area and was a small landowner. In 1955, as a result of consolidation proceedings, he was granted 101.4/5 ordinary acres in exchange. On February 20, 1958, he filed an ejectment application under Section 9(1)(i) before the Assistant Collector, 1st Grade, Hissar, against respondent No.4 tenant. The Assistant Collector dismissed the application on February 17, 1960, holding the appellant a big landowner because the land then exceeded 50 standard acres. On appeal, the Collector of Hissar allowed ejectment on May 2, 1960, holding the appellant a small landowner as a displaced allottee of less than 50 standard acres. The Commissioner, Ambala Division dismissed a second appeal on August 30, 1960, and the Financial Commissioner dismissed a revision on January 2, 1961, both upholding the Collector. Respondent No.4 then filed a writ petition under Article 227 of the Constitution of India in the Punjab High Court, which on August 22, 1961 allowed the petition and set aside the revenue orders, holding that the appellant's status must be determined by evaluating his land on the date of the ejectment application. The appellant appealed to the Supreme Court by special leave.

• Punjab Security of Land Tenures Act, 1953: 9(1)(i), 2(2), 2(3) proviso (ii)(b), 14-A(1), 19-F(a), 19-F(b), 2, 3, 4, 5, 5-A, 5-B, 5-C, 10-A, 19-A, 19-D
• Constitution of India: Article 227