Holding

The Court held that the relevant date is 30 October 1956, the permissible limit is 30 standard acres (or 60 ordinary acres), the landowner exceeded this limit and did not reserve land, therefore the tenants are not liable to be ejected under Section 7‑A and may acquire proprietary rights under Section 22.

Summary

The appellants purchased a portion of land from Smt. Charanjit Kaur after the PEPSU Tenancy and Agricultural Lands Act, 1955 had been amended in 1956. The landowner held more than the permissible limit of 30 standard acres (equivalent to 60 ordinary acres) and had not applied for reservation of land under Section 5‑A within the prescribed time. The sitting tenants filed applications under Section 22 for acquisition of proprietary rights, which were allowed by the revenue authorities, but the landowner sought their ejection under Section 7‑A. The Supreme Court held that the relevant date for evaluating land holdings is 30 October 1956 as per Section 32‑NN, that the permissible limit is 30 standard acres (or 60 ordinary acres), and that because the landowner failed to reserve land, the tenants could not be ejected under Section 7‑A and were entitled to acquire proprietary rights under Section 22. Consequently, the appeals filed by the purchasers were dismissed.

Issues considered

The appropriate 'relevant date' for determining a landowner's holdings under the PEPSU Tenancy and Agricultural Lands Act, 1955 (as amended).
The permissible limit of land holding under the Act and whether the landowner exceeded it.
Whether the landowner's failure to apply for reservation under Section 5‑A makes the sitting tenants liable to ejection under Section 7‑A.
Whether sitting tenants are entitled to acquire proprietary rights under Section 22 of the Act.

Legislation cited

Pepsu Tenancy and Agricultural Lands Act, 1955s. 20, s. 22, s. 2(k), s. 3, s. 32-NN, s. 5-A, s. 7, s. 7-A
Punjab Security of Land Tenures Act, 1953

Subjects

tenancy lawland holding limitstandard acrereservation of landevictionproprietary rightsSection 22Section 7-APEPSU Tenancy Act

Judgment

A GURMEJ SINGH AND ANR. .....
v.
STATE OF PUNJAB AND ORS.

MARCH 12, 1999
..
B (S. SAGHIR AHMAD AND M.B. SHAH, JJ.)

Tenancy and Land Laws :

PEPSU Tenancy and Agiicultural Lands Act, 1955 (as amended by
C Amending Act 15 of 1956).
Section 32-NN-Holdings of land-Detennination of-Relevant date
for-Held: Relevant date is date of commencement of the Amending Act, i.e.
30.10.1956.

Section 7-A-Sitting tenants-Ejection of-By landowner-Landowner
D held more than the pennissible limit (30 standard acres) including land which r

was reclaimed and brought under cultivation before the relevant date-Such
landowner sold part of his land to the purchasers after the said date-Held:
Sitting tenants not liable to be ejected under S. 7-A.

E Sections 7, 7-A and 22-Sitting tenants-Ejection of-By land-
owner-Landowner did not apply for reservation of land within the prescribed
time under S. 5-Afor his personal cultivation-Held: Sitting tenants not liable
to be ejected-Such sitting tenants entitled to file an application for proprietary
rights under S. 22.

p Section 3-llolding of land--Pennissible limit-Held: The pennissible
limit for holding of land Would be at the most 30 standard acres and where
such 30 standard acres converted into ordinary acres exceed 60 acres, then 60
acres would be the pennissib/e limit.

Sections 2(k) and 22-Tenant-Definition of-Held: A tenant who is
G not liable to be ejected under S. 7-A(l)(a) and S. 7-A(J)(b) is entitled to file
an application for acquisition of proprietary rights under S. 22.

Words and Phrases :

"Tenant''-Meaning of-ln the context of Section 2(k) of the PEPSU
H Tenancy and Agricultural Lands Act, 1955.
1000
GURMEJ SINGH v. STATE 1001

The owner of a land sold a part of her land to the appellants after A
30.10.1956 when the amendment to the PEPSU Tenancy and Agricultural
Lands Act, 1955 came into force. At the time of sale the owner of the
· land was holding more than the permissible limit under Section 3 of the
Act i.e. 30 standard acres (60 ordinary acres). The owner of the land
did not apply for reservation of land under Sections 7 or 7-A Or the Act B
within the prescribed time for her personal cultivation.

The respondents-sitting tenants filed applications under Section 22
of the Act before the Revenue Authorities for grant of proprietary rights
of the lands sold of which they were tenants. Those applications were
allowed. The appeals preferred by the appellants-purchasers before the c
Assistant Collector were dismissed. The Revision Petitions filed by the
a 11pellants before the Financial Commissioner were also dismissed. The
writ petition filed by the appellants before the H.C. was also dismissed
on the ground that the land owner did not avail herself of her right of
reservation under Section 5-A of the Act and the respondents-tenants D
were, therefore, not liable to be ejected under Section 7-A of the Act.
Hence this appeal.

Dismissing the appeal, this Court
E
HELD : 1.1. Section 32-NN of the PEPSU Tenancy and Agricultural
Lands Act, 1955 clarifies that the relevant date for determining the hold-
ings of land of any person under the Act would be the date of commence-
ment of the Amending Act 15 of 1956 i.e. 30.10.1956. [1011-F]

Bhagwan Das v. State of Punjab, [1966] 2 SCR 511, held not ap- F
plicable.

1.2. It is clear from Section 3 of the Act that the permissible limit
for holding of land would be at the most 30 standard acres and where such
30 standard acres converted into ordinary acres exceed 60 acres, then 60 G
acres would be the permissible limit. [1006-F]

Ajmer Singh v. State of Punjab, [1990] 1 SCC 227 and Munshi Ram
v. Financial Commissione1; relied on.

2. A tenant as defined in Section 2(k) of the Act who is not liable to H
1002 SUPREME COURT REPORTS [1999] 1 S.C.R.

A be ejected under Section 7-A(l)(a) and Section 7- A(l)(b) is entitled to file
an application for acquisition of proprietary rights under Section 22 of the
Act. Admittedly respondents were tenants within the meaning of Section
2(k) of the Act. In the present case, the landlady had not applied for
reservation ofland under Section (5-A) for her personal cultivation within
B the prescribed time and, therefore, the sitting tenants are not liable to be
ejected under Section 7-A of the Act. [1008-D-E]

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1289-90
of 1981.

C From the Judgment and Order dated 10.10.80 of the Punjab &
Haryana High Court.in L.P.A. No. 657 and 682 of 1980.

Uma Datta for the Appellants.

Sarjit Singh, (E.C. Agrawala) (NP), AS. Chahil and Ms. S. Janani
D for the Respondents.

The Judgment of the Court was delivered by

SHAH, J. These appeals are filed against the judgment and order
::::> dated 10th October, 1980 passed by the Punjab and Haryana High Court
E in Letters Patent Appeal Nos. 657 and 682 of 1980 dismissing the L.P.A.s
in limine.

The brief facts of this case are as under :

F One Smt. Charanjit Kaur was the owner of land admeasuring 692
bighas and 2 biswas in village Piand, Tahsil and District Patiala in the
erstwhile State of Pepsu. By a sale deed dated 5th June, 1959, she sold 306
bighas and 6 biswas of land for a consideration of Rs. 20,000, to the
appellants, respondents Nos. 19, 20 and predecessor-in-title of respondent
No. 16 to 18 (Bisan Singh). Respondent Nos. 5 to 15 were the sitting
G tenants; they filed applications under Section 22 of the Pepsu Tenancy and
Agricultural Lands Act, 1955 (hereinafter referred to as "the Tenancy Act")
on 15th March, 1961 before the Revenue Authorities for grant of
proprietary rights of the lands of which they were tenants. Those applica-
tions were allowed by order dated 13th September, 1961. The appellate
H authority remanded the matter to the prescribed Authority by order dated
GURMEJ SINGHv. STATE [SHAH,J.) 1003

7th September, 1962. Again the Assistant Collector, 1st Grade, Patiala by A
his order dated 27th February, 1963 allowed the purchase applications. The
transferee-landowners preferred appeals to the Collector, Patiala. Those
appeals were dismissed on 30th August, 1963. The Revision Petitions filed
before the Financial Commis~ioner were also dismissed by order dated 4th
May, 1964. Those orders were challenged by filing Writ Petitions before B
the High Court. Again by order dated 14th June, 1966, the High Court
remanded the matter for de novo decision and the authorities were
directed to determine the following issues :

"1. Whether on the date, the President Act 8 of 1953 came into
force, Shrimati Charanjit Kaur was in possession of any area in c
excess of 30 standard acres and thus it was not necessary for her
to apply for reservation under Section 5 of that Act.

2. Whether Shrimati Charanjit Kaur had a right to apply for
reservation of land under Section 32(b) of the Pepsu Tenancy and D
Agricultural Lands Act, 1955; and

3. If the answer to the above question is in the negative, whether
her application for reservation made in May 1958, was within time
in view of the provisions of section 5 of the Pepsu Tenancy and
Agricultural Lands Act, 1955?" E

The Assistant Collector by order dated 29th June, 1967 decided the
aforesaid three questions in favour of the tenants and allowed the applica-
tions filed by the tenants. The appeals filed by the landowners before the
,. Collector were also dismissed by order dated 26th March, 1968. Revision F
Petition filed by the transferees were also dismissed by the Financial
Commissioner by order dated 27th April, 1973. At this stage, we would
refer to some of the findings given by the Financial Commissioner. He
arrived at the conclusion that it was established that Smt. Charanjit Kaur
owned 692 bighas 2 biswas of land in accordance with the entries of
Jamabandi for the year 1952-53. Out of this land 581 bighas 17 biswas was G
banjar kadim, 128.16 bighas Gair Mumkin, 9 bighas I barani and 88 bighas
8 biswas Nehri. He also arrived at the conclusion that on record Smt.
Charanjit Kaur owned land to the extent of 51.38 standard acres as on 1st
August, 1956 and she became a direct land owner from Kharif 1955
onwards when the land was re-claimed and cultivated. He also came to the H
1004 SUPREME COURT REPORTS (1999] 1 S.C.R.
A conclusion that there was no force in the contention that banjar land could
not be included in the land while determining surplus area of Smt. Charan-
jit Kaur. He, therefore, held that Charanjit Kaur was holding more than 30
standard acres, i.e. 51.38 standard acres on 1st August, 1956 and the
tenants sitting on the land could not be ejected in view of the provisions
B contained under Section 7A of the Tenancy Act.

Against that judgment, some of the purchasers filed Civil Writ Peti-
tion No. 835 of 1974 which was dismissed by order dated 12th May, 1980.
The learned Single Judge held that only conclusion possible was that after
reclamation of banjar kadim land by the land owner from Kharif 1955, his
C total land was 51.38 standard acres on August 1st 1956 and thus, the land
owner ·had a right of reservation under Section SA of the Act which he did
not avail of and the tenants were not liable to be ejected under Section 7A
of the Tenancy Act. He also negatived the contention raised by the learned
Counsel for the Petitioner to challenge the valuation of the land by the
D Collector on the ground that the land was not properly evaluated and there
was no material justifying the same by holing that considering the order of
the Collector (Agrarian), the value of the land was 51.38 standard acres in
accordance with Jamabandi khasra girdawari and the order of the Collec-
tor dated May 18th, 1960 was not challenged either in appeal or in revision
and the same has become final.
E
At the time of hearing of these appeals, it is not disputed that Smt.
Charanjit Kaur owned 692 bighas and 2 biswas of land on December 18th,
1953 when the President's Act 8 of 1953 (Patiala and East Punjab States
Union Tenancy and Agricultural Lands Act, 1953) came into force. The
p said was repealed by the Pepsu Tenancy and Agricultural Lands Act, 1955
which came into force From 6th March, 1955. Sub-section (2) of Section 1
specifically provided that clause (a) of sub-section I of Section 7 and also
Sub- section 2 of that Section and Chapter IV was to come into force on
such date as the State Government may by notification in Official Gazette
appoint the date. Thereafter, the Tenancy Act was amended by Act No.
G 15 of 1956. Sub-section (2) provided that the provisions of Section 7A and
Chapter IV, IVA and IVB shall save, as otherwise provided in those
provisions, come into force from 30th October, 1956. Thereafter, the
landlady out of her holding of 692 bighas and 2 biswas sold 306 bighas and
-
6 biswas of land to the appellant and others for a consideration of Rs.
H 20,000 vide sale deed dated 5th June, 1959. The tenants applied for
GURMEJ SINGH v. STATE (SHAH, J.] 1005

4 acquisition of proprietory rights under Section 22 of the Tenancy Act. A
Uridisputably, the landlady had not filed any application for reservation
under Section 7 or 7A within prescribed time. Further, at the time of
hearing of the writ petition before the High Court, the learned counsel for
the petitioners raised only two contentions, namely, (i) if the land owners
have not made any reservation of her permissible area, the Collector should
collect information under Section 32(c) of the Tenancy Act and make a
B
selection of her permissible area (ii), the valuation of the land as 51.38
standard acres is not correct.

In these appeals, the learned counsel for the appellant contended
that considering the findings of the courts below, it is apparent that on 3rd c
December, 1953, value of the entire holding of Smt. Charanjit Kaur was
18.87 standard acres when Presidents Act (Patiala and East Punjab States
Union Tenancy and Agricultural Lands Act, 1953) came into force. It is
submitted that she had not acquired any land by purchase or inheritance
at any time after 3rd December, 1953 and before 5th June, 1959 when she D
·~
sold 306 bighas and 6 biswas to the appellants. It is contended that
reclaimation carried out in 1955 cannot be taken into consideration for
arriving at the valuation of the standard acres held by the landlady, it is,
therefore, submitted that as landlady was holding less than 30 standard
acres of land, hence, she was not required to file an application under
Section 5 or SA of the Pepsu Tenancy and Agricultural Lands Act, 1955.
E

The aforesaid contention was not raised before the Courts below and
it was rightly not raised because landlady was holding more than 'permis-
sible limit' of the land as defined in President's Act (Patiala and East
Punjab States Union Tenancy and Agricultural Lands Act, 1953) which F
came into force on 3rd December, 1953. Her total holding was 692 bighas
of land and, therefore, permissible area would be at the most 60 acres of
land. This we state so because the learned Counsel for the respondent-
tenant submitted that her holding is to be determined on the basis of the
second proviso to Section 3 which provides that where the holding of a G
land owner exceeds 10 standard acres, the minimum area of permissible
limit shall be 10 standard acres. Section 3 is as under :

"' )'

"Permissible limit : (1) 'Permissible limit' for the purpose of
this Act means thirty standard acres of land and where such H
1006 SUPREME COURT REPORTS [1999] 1 S.C.R.

A thirty standard acres on being converted into ordinary acres
exceed sixty acres, such sixty acres:

Provided that the permissible limit shall not exceed one half of the
holding of a landowner :

B Provided further that where the holding of a landowner exceeds ten
standard acres, the minimum area of permissible limit shall be ten standard
acres and where the holding is ten standard acres or less, the permissible
limit shall be an area equal to the holding of the landowner.

C (2) For the purposes of computing the permissible limit under sub-
section (1) -

(a) .....

(b) .....
D
(c) ·····
"
(d) .....

(e) any transfer of land made by the landowner after the commen-
E cement of this Act shall be disregarded;

(t) ....."

From the aforesaid section, it is clear that permissible limit for
holding would be at the most 30 standard acres of land and where such 30
F standard acres on being converted into ordinary acres exceeds 60 acres,
than 60 acres would be a permissible limit of the holding. First proviso
further restricts by stating that permissible limit shall not exceed one-half
of the holding of the land owner. Second proviso further provides that
where the holding of a land owner exceeds 10 standard acres, the minimum
area of permissible limit shall be 10 standard acres and that where the
G holding is 10 standard acres or less, the permissible limit shall be an area
equal to holding of the land owner. As stated above, in the present case,
landlady was owning 692 bighas of land so in no set of circumstances, her
permissible limit can exceed ordinary 60 acres of land. This question does
not require more discussion as it is made clear by the decisions rendered
H by this Court upon which the learned counsel for the appellant has sought
- GURMEJ SINGH v. STATE [SHAH, J.] 1007

reliance. In the case of Ajmer Singh v. State of Punjab, (1990) 1 S.C.C. 227,
the Court was dealing with the similar provisions of the Punjab Security of
A

Land Tenures Act, 1953 wherein a contention was taken by the land owners
that they were small land owners having less than 60 acres and therefore,
they were not obliged to make any reservation of land as provided in the
Act. The Court, 1/uer-alia, held that following propositions have been
settled by the decision of this Court in Bhagwan Das v. State of Punjab,
B
(1966) 2 SCR 511 and Munshi Ram v.. Financial Commissioner, Haryana,
(1979) 1 sec 471 :

"5. Pennissible area under the substantive part of Section 2(3)
for a person who is not a displaced person is 60 ordinary acres. C
6. The concept of standard acre being a measure of area
convertible into ordinary acres of any class of land according to
prescribed scales with reference to the quantity of the yield and
quality of the soil, has been introduced in the definition of permis-
sible area to emphasise the qualitative aspect of a land holding D
and the maximum limit of 60 acres its quantitative aspect~"

In Munshi Rams case also, the Court dealt with similar provisions in
the Punjab Security of Land Tenures Act, 1953 wherein 'permissible area'
is defined in Section 2(3) of the Act. Court negatived the contention that
definition of the permissible area ensures an irreducible minimum of 30
E
standard acres to a land holder. The Court held that in devising the formula
for computing the permissible area, the Legislature was concerned to put
limits on the holdings of land both in its qualitative and quantitative aspects
and the concept of standard acre being 'a measure of area convertible into
ordinary acres of any class of land according to the prescribed scale with F
reference to the quantity of yield and quality of soil'. The Court held that
, permissible area as defined in sub-section (3) of Section 2 proclaims in no
uncertain terms, the legislative imperative that no landowner or tenant shall
hold land exceeding 30 standard acres or 60 ordinary acres.

The next question involved in these appeals is which tenants are G
entitled to file an application under Section 22 of the Tenancy Act for
acquisition of proprietary rights. Section 22 provides that subject to other
provisions contained in the Act, a tenant shall be entitled to acquire from
his landowner in respect of the land comprising his tenancy the right, title
and interest of the landowner in such land in the manner and subject to H
1008 SUPREME COURT REPORTS [1999) l S.C.R.
A conditions provided therein. Section 22 is in Chapter IV of the Tenancy
Act. For the purpose of the said Chapter, the definition of the word 'tenant'
is given in Section 20 which reads as under :

"20. Definition of tenant - In this Chapter, the expression 'tenant'
means a tenant as defined in clause (k) of section 2, who is not
B liable to be ejected -

(a) under clauses (a) and (b) of sub-section (1) of section 7A; or

(b) under clauses (a) and (b) of sub-section (2) of Section 7A:

c Provided that this definition shall not apply to a tenant who is
to be allotted by the State Government land under the proviso to
sub-section (1) of section 7A."

In view of the aforesaid section a tenant as defined in section 2(k)
D who is not liable to be ejected as provided in clauses (a) and (b) of Section
7A is entitled to file an application for acquisition of proprietary rights. In
the present case, it was not disputed at any point of time that respondents
were not the tenants within the definition of Section 2(k) of the Act.
Therefore, we have to refer to Section 7A to determine whether the
E landlady was entitled to eject the tenants as provided therein. Section 7A
is as under:

"7A. Additional grounds for temtination in certain cases : (1) Subject
to the provisions of sub-sections (2) and (3), a tenancy subsisting
at the commencement of the Pepsu Tenancy and Agricultural
F Land (Second Amendment) Act, 1956 may be terminated on the
following grounds in addition to the grounds specified in section
7 namely:

(a) that the land comprising the tenancy has been reserved by
G the landowner for his personal cultivation in accordance with the
provisions of Chapter II;,

(b) that landowner owns thirty standard acres or less of land
and the land falls within his permissible limit;

H Provided that no tenant shall be ejected under this sub-section -
GURMEJ SINGH v. STATE [SHAH, J.] 1009

(i) from any area of land if the area under the personal A
cultivation of the tenant does not exceed five standard acres, or

(ii) from an area of five standard acres, if the area under the
personal cultivation of the tenant exceeds five standard acres.

until he is allOtted by the State Government alternative land of B
equivalent value in standard acres.

(2) No tenant, who immediately preceding the commencement
of the President's Act has held any land continuously for a period
of twelve years or more under the same landowner or his predeces-
sor in title, shall be ejected on the grounds specified in sub-sec- c
tion(!)-

(a) from any area of land, if the area under the personal
cultivation of the tenant does not exceed fifteen standard acres, or
D
(b) from an area of fifteen standard acres, if the area under
the personal cultivation of the tenant exceeds fifteen standard
acres :

Provided that nothing in this sub-section shall apply to the
tenant of a landowner who, both, at the commencement of the E
tenancy and the commencement of the President's Act, was a
widow, a minor, an unmarried woman, a member of the Armed
Forces of the Union or a person incapable of cultivating land by
reason of physical or mental infirmity.

Explanation - In computing the period of twelve years, the period F
during which any land has been held under the same landowner
or his predecessor in title by the father, brother or son of the tenant
shall be included.

(3) For the purpose of computing under sub- sections (1) and G
(2) the area of land under the personal cultivation of a tenant, any
area of land owner by the tenant and under his personal cultivation
shall be included."

At present in this case we are not concerned with sub-section (2) of
Section 7A. H
1010 SUPREME COURT REPORTS [1999] 1 S.C.R.

A Considering the provisions of Section 7A(l)(a), the first issue which ...
requires. determination would be whether the landlady was entitled to
terminate the tenancy on the ground that the land comprising the tenancy
has been reserved by the landlady for her personal cultivation in accord-
ance with the provisions of Chapter IL Admittedly, in the present case no
B such reservation is made. On the basis of clause (b), the second issue would
be whether the landlady owner 30 standard acres or less land and the land ,__
falls within her permissible limit. In the present case, as discussed above,
assuming that the relevant date is 3rd December, 1953 when the President's
Act came into force then also the landlady was holding more than the
permissible limit. However, we do not find any substance in the contention ·
C of the learned counsel for the appellants that the relevant date is 3rd
December, 1953. The reason is the Pepsu Tenancy and Agricultural Lands
Act came into force in 1955 and Section 7A and other provisions were
inserted with effect from 30th October, 1956. In our view, this issue also
would not require much discussion in view of section 32NN which clarifies
D that the relevant date would be the date of commencement of the Amend-
ing Act, i.e. 30th October, 1956. Section 32NN which is a clarificatory
section for removal of doubt is as under :

"32-NN Removal of ce1tain doubts - For the removal of doubts
it is hereby declared that for evaluating the land of any person at
E any time under this Act, the land owned by him immediately before
the commencement of the Pepsu Tenancy and Agricultural Lands
(Second Amendment) Act, 1956, or land acquired by him after
such commencement by inheritance or by bequest or gift from a
person to whom he is an heir, shall always be evaluated for
F converting into standard acres as if the evaluated was being made
on the date of such commencement, and that the land acquired by
him after such commencement in any other manner shall always
be evaluated for converting into standard acres as if the evaluation
was being made on the date of such acquisition."

G From the aforesaid section it can be stated that for determining the
relevant date for evaluating the land of any person under the Act the land
owned by him immediately before the commencement of the Second
Amendment Act, i.e. 30th October, 1956 shall be relevant date. It further
clarifies that if the land is acquired after such commencement by in-
H heritance, bequest or gift, then also it has to be evaluated for converting
/'

GURMEJ SINGH v. STATE (SHAH, J.] 1011
into standard acres as if the evaluation was being made on the date of such A
commencement. If the land is acquired in any other manner, it has to be
evaluated for converting into standard acres as if the evaluation was being
made on the date of such acquisition.

Learned counsel for the appellants, however, relied upon the
decision of this Court iri Bhagwan Das's case (supra) and submitted that B
for the purpose of evaluation, the relevant date would be 3rd December,
1953 when the President's Act came into force and there is no scope for
evaluating the subsequent improvements in the land due to corisolidation,
operation or otherwise. In the said case, the Court considered Section
19-F(b) of the Punjab Security of Land Tenures (Amendment and Valida-
tion) Act, 1962 and held that for the purpose of determining the status of
c
the land owner and evaluating his land any time under the Act, the land
owned by him immediately before the commencement of the Act must
always be evaluated in terms of standard acres as if the evaluation was
being made on the date of such commencement and as the landowner had
not acquired any land after the commencement of the Act, his status as a D
small land owner was not altered by reason of subsequent improvements
or re-allotments of land on compulsory consolidation of holdings. The said
decision is based on the wordings used in Section 19F(b) which specifically
provides that for evaluating the land of any person at any time under the
Act, the date would be the date of commencement of the Act and the E
Court has taken into consideration that date. As against this, Section 32NN
of the Tenancy Act specifically provides that the relevant date would be
commencement of the Second Amendment Act (30th October, 1956) and
therefore, the contention of the learned counsel for the appellants has no
force and is rejected accordingly.
F
In the result, the appeals fail and are rejected accordingly.

There will be no order as to costs.

v.s.s. Appeals dismissed.
G