JODHA RAM OM PARKASH LAKH RAM Vs. FINANCIAL COMMISSIONER HARYANA CHANDIGARH:FINANCIAL COMMISSIONER HARYANA CHANDIGARH:FINANCIAL COMMISSIONER HARYANA CHANDIGARH

JUDGEMENT

(1.) These appeals have been filed against the orders dated 8/01/1981, passed by the High court, dismissing the writ petitions filed on behalf of Jodha Ram, om Parkash, Lekh Ram and others, for quashing the orders of the Collector and the Financial Commissioner, holding that the lands in question had been rightly declared surplus area under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the "land Tenures Act").

(2.) It appears to be an admitted position that om Parkash, appellant in one of the appeals, had entered into partnership agreement with Loti Ram and Rup Ram (predecessor-in-interest of respondents 5 to 10, to run an agricultural farm on the lands of aforesaid Om Parkash. In the year 1949, Om Parkash filed a case for dissolution of partnership and rendition of accounts. Loti Ram and Rup Ram took a plea that as per the terms of the partnership, on the dissolution of the partnership, they were entitled to get 150 bighas of land as tenants.

(3.) The Land Tenures Act came into force on 15/04/1953. The appellant Jodha Ram purchased the lands in dispute from Om Parkash through a sale deed dated 21/11/1953. The Collector in exercise of the powers conferred on him by the Land Tenures Act, declared the lands in dispute as surplus area, by an order dated 28/06/1960.