Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 2(5-a) -- Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972), Section 8(1)(b), (3), 33(2) -- Surplus land – Right of purchaser during the pendency of surplus proceedings -- Land declared surplus under 1953 Act on 28.07.1960 -- In writ appropriate authorities were directed to re-decide the surplus area case -- Meanwhile, the Haryana Ceiling on Land Holdings Act, 1972 came into force -- Surplus area case was still pending, sale deed dated 22.02.1971 was executed in favour of the petitioner in respect of 37 K, 10 M of land -- Finally, surplus area decided on 12.05.1978 and land sold to the petitioner was included therein – Petitioner urged that he was an old tenant since 1910 through his predecessor-in-interest and thus, entitled to be heard before passing of the order of declaration of surplus area and being bonafide purchaser was entitled to benefit of Sections 8(1)(b) and 8(3) of 1972 Act – Held, sub-section (2) of section 33 provides that in case of surplus proceedings pending before the commencement of 1972 Act, they shall be decided under the statute under which they were initiated – Held, petitioner was not entitled to grant of any opportunity of hearing while deciding the surplus area case -- Accordingly, order dated 12.05.1978 cannot be said to be void. Kirpal Singh’s case, 2020(1) L.A.R. 150 = (2020) Law Today Live Doc. Id. 14968 relied.
