Summarize the following court judgment. Appeal No. 541 of 1963. Appeal by special leave from the order dated August 23	 1961 of the Punjab High Court in Civil Misc. No. 120 of 1961. Bhagwani Lal	 E. C. Agarwala and P. C. Agarwalla	 for the appellant. Deepak Dutt Chaudhry and B. R. G. K. Achar	 for respondents Nos. 1 to 3. Janardhan Sharma	 for respondent No. 4. The Judgment of SUBBA RAO and BACHAWAT	 JJ. was delivered by BACHAWAT	 J.	 MUDHOLKAR	 J. delivered a separate but con curring Judgment. Bachawat	 J. The appellant is a displaced person to whom 105 ordinary acres of land equivalent to 42 standard acres 11 units in village Jamalpur	 Tehsil Hansi	 District Hissar	 were allotted by the Custodian on October 5	 1949 under the conditions published in the Notification of the East Punjab Government No. 4892/S dated July 8	 1949. The Punjab Security of Land Tenures Act	 1953 (Punjab Act No. 10 of 1953)	 hereinafter 513 	referred to as the Act	 came into force on April 5	 1953. On that date	 the aforesaid land was equivalent to 42 standard acres II units	 and having regard to proviso (ii) (b) to section 2 (3) of the Act	 was permissible area in relation to the appellant	 and as the appellant did not own any other land in the State of Punjab	 he was a shall landowner within the meaning of section 2(2) of the Act. On October 22	 1955	 as a result of consolidation proceedings	 the appellant was granted 101.4/5 ordinary acres of land in exchange for the land originally allotted to him in 1949. Respondent No. 4 is a tenant of the appellant in respect of a portion of this land. On February 20	 1958	 the appellant filed an application before the Assistant Collector	 1st Grade	 Hissar for ejectment of respondent No. 4 under section 9 (1) (i) of the Act on the ground that he is a tenant of the appellant who is a small landowner. On that date	 the aforesaid 101.4/5 acres of land owned by the appellant was equivalent to more than 50 standard acres. On February 17	 1960	 the Assistant Collector dismissed the application. He held that the appellant was a big landowner	 because on the date of the application the land owned by him was equivalent to more than 50 standard acres. On appeal	 on May 2	 1960	 the Collector of Hissar set aside the aforesaid order	 and allowed the application for ejectment. He held that the appellant was a small landowner as he was a displaced person and an allotted of less than 50 standard acres. On August 30	 1960	 the Commissioner	 Ambala Division	 dismissed a second appeal	 and on January 2	 1961	 the Financial Commissioner dismissed a revision petition filed by respondent No. 4. Following his previous ruling in Pat Ram vs Milawa Ram(1) and Har Chand Singh vs The Punjab State(2)	 the Financial Commissioner held that the status of the appellant must be determined on the date of the commencement of the Act and subsequent accretions to his holding arising out of consolidation of holdings and improvements due to good husbandry or advent of irrigation should be ignored. On August 22	 1961	 the Punjab High Court allowed a petition preferred by respondent No. 4 under article 227 of the Constitution of India and set aside the orders of the Collector	 the Commissioner and the Financial Commissioner. The High Court held that the status of the appellant must be determined by evaluating his land in terms of standard acres on the date of the application for ejectment. The appellant now appeals to this Court by special leave. (1) (1961) 40 Lahore Law Times	 P. 28. (2) (1961) 40 Lahore Law Times	 p. 9. 5 14 The question is whether the appellant is asmall landowner within the meaning of section 9 (1) (i) of the Act. On a combined reading of sections 2	 3	 4	 5	 5A	 5B	 5C	 10A	19A and 19D	 the scheme of the Act appears to be as follows : The entire land held by the landowner in the State of Punjab on the date of the commencement of the Act must be evaluated as on that date and the status of the landowner and his surplus area	 if any	 must be then ascertained. If he is then found to be a small landowner	 he continues to be so for the purpose of the Act	 until he acquires more land	 and on taking into account the value of the land in terms of standard acres on the date of the acquisition	 he is found to be a big landowner. The landowner is required to make the necessary reservations or selections and to give the necessary declarations so that his status and the surplus area	 if any	 held by him may be so determined. If he is a small landowner at the commencement of the Act	 his status is not altered by reason of improvements in the value of his land or re allotment of land on compulsory consolidation of holdings. In an unreported decision in Surja vs Financial Commissioner of Punjab and others(1)	 the Punjab High Court held that the status of the landowner for the purposes of an application under section 14A of the Act should be determined by evaluating his land on the date of the application. On the basis of this ruling	 the improvements in the land subsequent to the commencement of the Act could not be ignored; but the legislature considered that this decision had the effect of defeating the purpose of the Act. It is well known that with a view to get rid of this decision	 the legislature inserted section 19 F(b) in the Act by the Punjab Security of Land Tenures (Amendment and Validation) Act	 1962 (Punjab Act No. 14 of 1962). The object of this amendment will appear from the following passage in the statements of Objects and Reasons published in the Punjab Gazette (Extr.) dated April 27	 1962 : "Some of the recent judicial pronouncements have the effect of defeating the objectives with which the Punjab Security of Land Tenures Act	 1953 was enacted and amended from time to time. Under the scheme of the parent Act a specific period was allowed for filing of reservations by the landowners the object of which was to find out whether a person was a small landowner or not. Once that was found the intention was that such a person should continue to be treated as (1) Civil Writ No. 486 or 1961. 515 such for the purposes of the Act so long as he did not acquire more lands. In other words	 his status was not to be altered on account of improvements made on the land or reallotment of land during consolidation. However	 the High Court took a different view in Civil Writ No. 486 of 1961 (Surja versus Financial Com missioner	 Punjab and others. ). Accordingly clauses 3	 6 and 7 of the Bill seek to neutralise the effect of the aforesaid decisions. " Clause 7 of the Bill related to sections 19 E and 19 F. The amending Act of 1962 was passed on July 4	 1962 during the pendency of the appeal in this Court. Section 19 F is retrospective in operation and is deemed to have come into force on April 15	 1953. Section 19 F(b) reads : "19 F. For the removal of doubts it is hereby declared	 (b)that for evaluating the land of any person at any time under this Act	 the land owned by him immediately before the commencement of this Act	 or the 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 converting into standard acres as if the evaluation was being made on the date of such commencement	 and that the land acquired by him after such commencement in any manner shall always be evaluated for converting into standard acres as if the evaluation was being made on the date of such acquisition. " On a reading of section 19 F(b)	 it would appear that for the purpose of determining the status of the landowner and evaluating his land at 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. It is not disputed that if the land held by the appellant immediately before the commencement of the Act is so evaluated	 the appellant would be a small landowner. There is no scope for evaluating the subsequent improvements in the land due to consolidation operations or otherwise. The appellant did not acquire any land after the commencement of the Act. His status as a small landowner was not altered by reason of subsequent improvements or 516 re allotments of land on compulsory consolidation of holdings. On the date of the application for eviction	 he	 therefore	 continued to be a small landowner. The High Court was in error in holding that the status of the appellant should be determined by evaluating his land in terms of standard acres on the date of the application for eviction. In the result	 the appeal is allowed. We set aside the order of the High Court and restore that of the Financial Commissioner upholding the orders of the Commissioner and the Collector. We direct that costs throughout will be borne by the parties as incurred. Mudholkar	 J. This is an appeal by special leave from a judgment of the High Court of Punjab allowing a writ petition under article 227 of the Constitution and setting aside orders of the Collector	 the Commissioner and the Financial Commissioner made under certain provisions of the Punjab Security of Land Tenures Act	 1953 (hereafter referred to as the Act). The relevant facts are briefly these : The appellant Bhagwandas is a displaced person from West Pakistan. He owned 74 standard acres 133 4 units of agricultural land in certain villages in West Pakistan. On October 5	 1949 he was allotted 42 standard acres and 11 units of land in the village Jamalpur	 Tehsil Hansi	 District Hissar. Subsequently proceedings for consolidation of holdings were taken under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act	 1948 (Act 50 of 1948). After those proceedings were finalised the appellant was granted an equivalent area of land in the same village as described in a sanad granted by the President on October 22	 1955 in exchange for the land earlier granted to him. Under the sanad the appellant was granted proprietary rights in the land. On February 20	 1958 the appellant	 claiming to be a small holder made an application under section 14 A(i) of the Punjab Security of Land Tenures Act	 1953 before the Assistant Collector	 I Grade	 Hissar	 for the ejectment of respondent No. 4 who was a tenant of the land. In his application the appellant alleged that as 'he held less than 50 standard acres of land he was a "small land owner" and as such had the right to evict the tenant and instead cultivate the land himself. The application was rejected by the Assistant Collector. Unfortunately neither party has placed the order of the Assistant Collector on the record of this appeal. It is	 however	 common ground that the reason for rejecting the application was that the Assistant Collector found that because of certain improvements the income from the lands 5 17 had risen considerably and that consequently the standard acreage of this land had risen from 42 standard acres to a standard acreage above 50 standard acres and that the appellant 's application was	 therefore.	 untenable under section 14 A. In an appeal preferred by the appellant the Collector	 Hissar held by his order dated May 2	 1960 that since the appellant was allotted only 42 standard acres and 11 units he is entitled to be treated as a small owner of the land and since the tenant had more than 5 standard acres under his cultivation in addition to the appellants land he was liable to be ejected from the land belonging to the appellant which was in his possession. The Collectors order was upheld by the Commissioner	 Ambala Division by his order dated August 30	 1960. The tenant moved the Financial Commissioner	 Punjab in revision against the order of the Commissioner but without success. He then preferred a writ petition before the High Court which	 as already stated	 was granted. According to the High Court the status of a landlord had to be ascertained as existing on the date of the application under section 14 A of the Act and not on the date of the allotment. Further	 according to the High Court	 what is "permissible area" available to a landlord under the Act has allow to be determined as obtaining on the date of the application for eviction made by the landlord. In coming to the conclusion the High Court followed a judgment of section B. Capoor J.	 in a similar matter. In order to appreciate the contentions urged before us on behalf of the par ties	 it is necessary to refer to certain provisions of the Act. At the outset I must point out that the object of the Act was to provide to the tenants a security against ejectment by the landlords except for a just cause. The Act has	 however	 drawn a distinction between "small land owner" and a "large land owner". Sub section (2) of section 2 of the Act defines small land. owner to mean one whose entire land in the State of Punjab does not exceed the permissible area. Now	 sub section (3) of section 2 defines permissible area. This definition draws a distinction between a land owner who is not a displaced person and one who	 is a displaced person. In so far as the former is concerned the permissible area is 30 standard acres. In so far as the latter is concerned the second proviso to sub section (3) enacts "Provided that (ii) for a displaced person (a) who has allotted land in excess of fifty standard acres	 the permissible area shall be fifty standard ip. Cl/66 3 518 acres or one hundred ordinary acres	 as the case may be. (b) who has been allotted land in excess of thirty standard acres	 but less than fifty standard acres	 the permissible area shall be equal to his allotted area. (c) who has been allotted land less than thirty standard acres	 the permissible area shall be thirty standard acres	 including any other land or part thereof	 if any	 that he owns in addition. Explanation : For the purposes of determining the permissible area of a displaced person	 the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted. " The expression 'standard acre ' is defined thus in sub section (5) of section 2 "Standard acre" means a measure of area convertible into ordinary acres of any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil. " If a land owner is in possession of land in excess of the permissible area he is required to follow a certain procedure for indicating which particular land he wants to be treated as "reserved area". Land in excess of that area is treated surplus area. The former expression means the area lawfully reserved under the Punjab Tenants (Security of Tenures) Act	 1950 while the latter expression is defined in sub section (5 A) of the Act. It is not necessary to set out this definition for the purpose of the discussion of the question before us. Under section 27 of the Act rules have been framed for carrying out the purpose of the Act. There are two sets of rules	 one is the Security of Land Tenures Rules	 1953 and the other is Punjab Security of Land Tenures Rules	 1956. The latter are supplementary to the rules of 1953. Rule 2 of the Rules of 1953	 which is the relevant rule	 is as follows : "Conversion of ordinary acres into standard acres. The equivalent	 in standard acres	 of one ordinary acre of any class of land in any assessment circle	 shall be determined by dividing by 16	 the valuation shown in Annexure 'A ' to these rules for such class of land in the said assessment circle 519 Provided that the valuation shall be (a) in the case of Banjar Qadim land	 one half of the value of the class previously described in the records and in the absence of any specific class being stated	 one half of the value of the lowest barani land; (b) in the case of Banjar Jadid land	 seventh eighth of the value of the revelant class of land as previously entered in the records	 or in the absence of specified class in the records	 of the lowest barani land; and (c) in the case of cultivated that land subject to waterlogging	 one eighth of the value of the class of land shown in the records or in the absence of any class	 of the lowest barani land". In the table	 Annexure A	 land is classified under four heads which are: "Irrigated (nehri)"	 "Irrigated Chahi" "Irrigated" and "Sailab". Irrigated nehri is further classified as "perennial" and "non perennial". In Col. 3 is given the valuation for irrigated nehri land. For Hansi tehsil valuation of the land which is perennially irrigated by canals is given as 16 which means 16 annasing the rupee per acre and of non perennial as 10 annas in the rupee per acre. The valuation for irrigated chahi land in the entire tehsil is 10 annas in the rupee per acre and of un irrigated land as 5 annas in the rupee per acre. There is no valuation for sailab land which apparently means there is no land of this category in the tehsil. From Table	 A it would appear that land which falls under one classification at the time of allotment or at the time of coming into force of the Act may well fall under some other head later on because the quantity of yield is liable to vary. For instance	 if irrigation facilities come to be provided in land which is unirrigated at the time of coming into force of the Act or making the allotment the land may receive the benefit of irrigation later either perennially or non perennially and its yield therefrom may accordingly increase. Provisions relating to the valuation of lands under the Act are to be found in section 19F thereof which reads thus : "For the removal of doubts it is hereby declared	 (a) that the State Government or any officer empowered in this behalf shall be competent and 520 shall be deemed always to have been competent	 to determine in the prescribed manner the sur plus area referred to in section 10 A of a landowner out of the lands owned by such land owner immediately before the commencement of this Act; and (b) that for evaluating the land of any person at any time under this Act	 the land owned by him immediately before the commencement of this Act	 or the 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 converting into standard acres as if the evaluation 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. " Now	 surplus area would fall to be determined only where the land owner is in possession of land in excess of the permissible area. I have already given the definition of permissible area. Where	 as here	 the landlord is a displaced person and the land allotted to him is less than 50 acres the permissible area so far as he is concerned would be the area actually allotted to him. In the case of the appellant it would thus be 42 standard acres and II units. Out of this he alleges that he has sold 18 standard acres. As	 however	 no argument was advanced before us on this basis I leave this circumstance out of account and proceed on the footing that the appellant is in possession not of an area less than the permissible. area but of an area equal to the permissible area. Surplus area means an area other than the reserved area and	 where no area is reserved	 the area in excess of the permissible area. Where there is no reserved area or where the area hold by a person is not in excess of the permissible area the provisions of section 4 which deal with	 the reservation of area or those of sections 5 A to 5C which deal with selection of permissible area or those of section 10 A which deal with the utilization of surplus area are not attracted. Therefore	 the provisions of section 19F(a) which are attracted to a case falling under section 10 A will a so not apply. Moreover the provisions of section 10 A have no bearing on 521 a case like the one before us. For	 they contemplate the ascertainment of surplus area held immediately before the commencement of the Act. Obviously	 therefore	 the determination must refer to the classification of the land at that time. Apart from that	 the appellant does not possess any surplus area since what is in his possession is merely the permissible area. The question of utilization of any surplus area cannot thus arise in his case. That being so	 no question can arise of evaluating his lands afresh. Indeed	 fresh evaluation at any time is permissible only under section 19 F(b)	 but that provision deals with only special types of cases. It may be mentioned that sections 5 A to 5 C which deal with the selection of permissible area do not contemplate a case where the classification of land held by the landlord has undergone a change because of rise in the yield therefrom and the standard acreage of the land in his possession could be said to have increased. Section 19 A of the Act specifically prohibits the future acquisition by the landlord of land by transfer	 exchange	 lease.	 agreement or settlement any land which with or without the land already held by him exceeds the permissible area. Similarly the Act has made specific provisions to deal with a case of augmen tation to the land held by the landlord subsequent to the commencement of the Act by inheritance	 bequest or gift. These are to be found in section 19 B. What is to be done in a case of that type is provided for by section 19 F(b). The power to evaluate land conferred by this provision is exerciseable at 'any time ' but obviously that power is exerciseable only in the context of the circumstances set out therein	 that is to say where the landlord obtains land after the commencement of the Act by inheritance	 bequestor gift and in no other circumstance. It would	 therefore	 seem that where the provisions of section 19F are not attracted the Revenue Assistant before whom an application under section 14 A for ejectment of a tenant is made by a landlord	 is not entitled to evaluate the land of the landlord afresh for ascertaining whether he is in possession of land in excess of the permissible area. Elaborate rules have been framed under the Act and elaborate provisions are also contained in the Act with a view to extend its protection as far as possible to tenants cultivating land. The omission	 therefore	 to make any provision as to what has to be done	 if as a result of improvements made by the landlord or by reason of the rise in the yield of the land through other causes would point only to one conclusion and that is that this circumstance is not to be taken into account for evaluating the land afresh and re calculating the standard acreage. If that is so	 then it would follow that the High Court and the Assistant Commissioner were in error whereas 522 the Collector	 Commissioner and the Financial Commissioner were right in deciding this case. For these reasons I set aside the order of the High Court and restore that of the Financial Commissioner upholding the orders of the Commissioner and the Collector. In the particular circumstances of the case 1	 however	 direct that costs throughout will be borne by the parties as incurred. Appeal allowed.

The appellant was a displaced person from West Pakistan. In 1949 he was allotted 42 standard acres and 11 units of land which were later consolidated. In 1958 claiming to be a small holder he made an application under section 14 A(1) of the Punjab Security of Land Tenures Act 1953 before the Assistant Collector for the ejectment of respondent No. 4 who was a tenant of the land. The Assistant Collector rejected application on the ground that because of improvements the income from the lands had risen considerably and consequently the land had become equivalent to more than 50 standard acres	 and therefore the applica tion was untenable under section 14 A. In appeal the Collector held that since the appellant was allotted only 42 standard acres and 11 units he was entitled to be treated as a small land holder. The Collector 's order was upheld by the Commissioner and by the Financial Commissioner. The tenant thereupon filed a writ petition before the High Court. According to the High Court the status of a landlord had to be ascertained as existing on the date of the application under section 14 A of the Act and not on the date of the allotment. Farther according to the High Court what is 'permissible area ' available to a landlord under the Act had also to be determined as obtaining on the date of the application for eviction made by the landlord. On this view the High Court allowed the tenant 's writ petition. In appeal by special leave to this Court	 HELD: Under the provisions of the Act the entire land held by the landowner in the State of Punjab on the date of the commencement of the Act must be evaluated as on that date and the status of the landowner and his surplus area must then be ascertained. If he is then found to be 'a small landowner	 he continues to be so for the purpose of the Act	 until he acquires more land and on taking into account the value of the land in terms of standard acres on the date of the acquisition	 he is found to be a big landowner. The landowner is required to make the necessary reservations or selections and to give the necessary declarations so that his status and the surplus area	 if any	 held by him may be so determined. If he is a small landowner at the commencement of the Act	 his status is not altered by reason of improvements in the value of his land or re allotment of land on compulsory consolidation of holdings. section 19 F(b) which was introduced into the Act during the pendency of the appeal clarified the position to the same effect. [514 B D; 515 F] The appellant did not acquire any land after the commencement of the Act. His status as a small landowner was not altered by reason of subsequent improvements or re allotments of land on compulsory consolidation of holdings. On the date of the application	 he therefore continued to be a small landowner. The High Court was in error in holding that the status of the appellant should be determined by evaluating his 5 12 land in terms of standard acres on the dates of the application for eviction. [515 H; 516 A B] Per Mudholkar J : Provisions relating to the valuation of lands under the Act are to be found in section 19 F(a) and 19F(b). The former did not apply to the present case as it applies only to the ascertainment of 	surplus area ' held by a landowner at the commencement of the Act; the appellant held only 'permissible area ' and no 'surplus are at all. Under section 19 F(b) fresh evaluation of land can take place "at any time" but the power under that section is exercisable only in the context of special circumstances	 that is to say	 where the landlord owns land after the commencement of the Act by inheritance	 bequest or gift. These special circumstances did not exist in the present case. [519 H; 520 H; 521 B	 D] When the provisions of section 19F are thus not attracted	 the Revenue Assistant before whom an application under section 14 A for ejectment of a tenant is made by a landlord	 is not entitled to evaluate the land of the landlord afresh for ascertaining whether he is in possession of land in excess of the permissible area. [521 F] Elaborate rules have been framed under the Act and elaborate provisions are also contained in the Act with a view to extend its protection as far as possible to tenants cultivating land. The omission	 therefore	 to make any provision as to what has to be done	 if as a result of improvements made by the landlord or by reason of the rise in the yield of the land through other causes would point only to one conclusion and that is that this circumstance is not to be taken into account for evaluating the land afresh and recalculating the standard acreage. [521 G H] It would follow that the High Court was in error and its order must be set aside.