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1975 (9) TMI 180 - SC - Indian Laws

Issues Involved:
1. Right of tenants to purchase ownership from a large landowner u/s 18 of the Punjab Security of Land Tenures Act, 1953.
2. Principles of compensation awardable to the landlord pursuant to the vesting of ownership in the tenant.

Summary:

Issue 1: Right of Tenants to Purchase Ownership
The first set of appeals concerns the tenants' right to purchase ownership from the large landowner, Teja, u/s 18 of the Punjab Security of Land Tenures Act, 1953. The Assistant Collector found the tenants eligible, fixed the price, and they deposited the first installment, resulting in the vesting of title in the tenants. The appellants contended that upon Teja's death, his heirs became small landowners, thus disentitling the tenants from purchasing the land. The Court held that the rights of parties are determined on the date they come to Court, and once the deposit is made, the title vests in the tenant. The Court emphasized that subsequent events, such as the landowner's death, do not unsettle the rights acquired by the tenants. The Court dismissed the appeals, maintaining that the legislative intent of rapid agrarian reform should not be frustrated by such subsequent events.

Issue 2: Principles of Compensation
The second set of appeals deals with the compensation payable to landholders whose lands vest in tenants, focusing on the interpretation of 'similar land' u/s 18(2) of the Act. The primary issue was whether the purchased land was irrigated or non-irrigated for valuation purposes. The Court noted that the factual foundation about the nature of the land was not put in issue or considered in the High Court. Consequently, the appellants could not raise this question de novo at this stage. The Court dismissed these appeals without costs.

Conclusion:
The Supreme Court dismissed all appeals, affirming the tenants' right to purchase the land and rejecting the appellants' claims regarding compensation due to the lack of factual foundation. The judgment underscores the importance of determining rights based on the initial cause of action and preventing subsequent events from unsettling vested rights, thereby promoting the legislative goal of swift agrarian reform.

 

 

 

 

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