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Issues involved: Appeal against the order dismissing the writ petition under Article 133(1)(a) of the Constitution challenging the declaration of surplus land u/s Punjab Security of Land Tenures Act, 1953.
Details of the Judgment: 1. Background: Appellant recorded as land-owner of specific land. Collector declared a portion as surplus. Appeals made by appellants were dismissed by authorities, leading to the writ petition. 2. Contentions: Appellants argued that revenue authorities did not consider permissible area cultivated by appellants as tenants, 'banjar' land, and lack of opportunity to prove their claim. 3. Court's Observations: High Court cannot re-examine findings of fact without error of law. Revenue records were found tampered with, and reliance on 'Roznamcha Waqaiti' was not supported by evidence. Lack of rent payment or contract made it difficult to establish tenancy. No proof provided for 'banjar' land exclusion. Appellants were not denied the opportunity to present evidence. 4. Decision: Orders of revenue authorities were upheld as no error of law was found. Application for additional evidence was rejected as it did not meet the criteria under Order 41, Rule 27 of the Code of Civil Procedure. 5. Conclusion: Appeal was dismissed without costs, as no merit was found in the arguments presented. *Note: Separate judgment was not delivered by the judges.*
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