Briefly the facts of the case as mentioned in the writ petition are that Kehar Singh was the landowner who was the father of petitioners No. 1 to 3 and grandfather of petitioners Nos. 4 and 5. Land of Kehar Singh was assessed at 46.72 standard acres by Collector (Agrarian), Nabha, vide order dated 21.12.1959 and an area of 16.72 standard acres was declared surplus under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as 'the Act'). An appeal filed against the order of Collector was dismissed in March 1960 by the Commissioner. The surplus area was allotted to certain tenants on March 9, 1964 and possession was delivered to them on April 8, 1964. Meanwhile, consolidation proceedings took place in July 1960. Civil Writ petition No. 1014 of 1964 was filed by the landowner, and the High Court vide judgment dated September 1, 1966 directed that the competent authority to separate the surplus area under the provisions of sub-section (2) of Section 32-MM of the Act and the case was remanded. It was also directed that the tenants, who had been settled on the land which was declared surplus, would not be disturbed till the final orders were to be passed by the competent authority. On remand by the High Court, the Collector on September 14, 1970 declared surplus area to the extent of 2.37 standard acres. On October 20, 1970 the Collector ordered that the possession of land 14.35 standard acres be restored to the landowners. On November 1, 1970 certain steps were taken for restoration of the land, including the land in dispute to the landowners. In respect of area allotted to and cultivated by the respondents Sondhi and Sauni, it was found that crops were sown and Malkana possession was given to the landowners vide report of the Kanungo dated November 1,1970 and allottees were directed to hand over physical possession after harvesting the
