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may 1968

Supreme Court of India · 1968-05-03

STATE OF PUNJAB AND ORS. vs BHAI ARDAMAN SINGH & ORS. ETC.

Citation / case number
SC 1964/90557
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB AND ORS.
Respondent
BHAI ARDAMAN SINGH & ORS. ETC.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 43(1)(b) of the Pepsu Tenancy and Agricultural Act 8 of 1953, the Collector's jurisdiction to restore possession requires a judicial determination of wrongful possession, not mere subjective satisfaction. The Court found that the first respondent was not disentitled to use the land, thus the Collector lacked jurisdiction to order ejectment. The Court affirmed that the Act does not have retrospective operation, and the orders passed by the revenue authorities were invalid due to lack of jurisdiction.

STATE OF PUNJAB AND ORS. vs BHAI ARDAMAN SINGH & ORS. ETC. · Niyam