Special proviso for displaced allottees governs permissible area by original allotment, without applying acreage conversion formula.

Section 2(3) of the Punjab Security of Land Tenures Act, 1953 was construed as containing a general rule for non-displaced landowners and a separate special regime for displaced allottees under the second proviso. The proviso's clause (a), especially the words "as the case may be," was read to mean that permissible area depends on the nature of the original allotment: 50 standard acres where the allotment was in standard acres, and 100 ordinary acres where it was in ordinary acres. The conversion formula in the main provision was held inapplicable to this proviso, which was treated as a complete and distinct code.

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Issues: Whether the second proviso to Section 2(3) of the Punjab Security of Land Tenures Act, 1953 requires a displaced allottee's permissible area under clause (a) to be computed by applying the conversion formula between standard acres and ordinary acres, or whether the allottee is entitled to retain 50 standard acres or 100 ordinary acres, as the case may be, according to the nature of the original allotment.

Analysis: The opening part of Section 2(3) lays down the general rule for non-displaced landowners, while the second proviso creates a special regime for displaced allottees. The words used in clause (a), especially the expression "as the case may be", were read as indicating two distinct situations: where the allotment is in standard acres, permissible area is to be measured in standard acres; where it is in ordinary acres, permissible area is to be measured in ordinary acres. The Court rejected the importation of the conversion formula from the main part of Section 2(3) into the proviso, holding that the special provision for displaced allottees is a complete and distinct code and must be construed according to its own language. This construction was also preferred to avoid anomaly and to give effect to the legislative distinction between clauses (a), (b), and (c) of the proviso.

Conclusion: Clause (a) of the second proviso does not require conversion between standard acres and ordinary acres for every case; the permissible area depends on the basis of the original allotment. Displaced allottees whose allotment was in standard acres are entitled to retain 50 standard acres, while those whose allotment was in ordinary acres are entitled to retain 100 ordinary acres.

Ratio Decidendi: A proviso creating a special regime must be given effect according to its own language, and where it uses alternative measures linked by "as the case may be", the court should not import the conversion formula from the general provision unless the statute clearly so provides.

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