BASANT KAUR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been filed for quashing orders of the Financial Commissioner, Annexure 'G' dated October 24, 1969.

(2.) Saudagar Singh and Nand Singh respondent Nos. 5 and 6 were co-owners of land measuring 57 kanals 13 marlas having 5/6th and 1/6th shares respectively. At the instance of Saudagar Singh, the land was partitioned and in execution of the final order of partition he was put into possession on May 15, 1963 of his separated share of the joint land comprised of khasra Nos. 303, 304, 305/2, 308, 310, 311 and 312 measuring 48 kanals, 1 marla. This land was thereafter gifted by respondent No. 5 in favour of Basant Kaur petitioner and others.

(3.) Respondent No. 6, Nand Singh, and his four sons, respondent Nos. 7 to 10 filed a suit under Section 50 of the Punjab Tenancy Act for restoration of possession of the said land on the ground that they were in its possession as tenants under Saudagar Singh and had been illegally dispossessed therefrom in execution of the order of partition. The suit was contested by Smt. Basant Kaur and Joginder Singh respondent No. 11, the donees, who denied the averment that the plaintiffs were in possession of the land as tenants and pleaded that Nand Singh was in possession as co-sharer and his sons were cultivating the land because of their relationship with him. The Assistant Collector Ist Grade who tried the said suit vide judgment Annexure 'D' dated September 22, 1966 upheld the plea of Nand Singh and others and ordered restoration of the possession of the land in dispute. The order of the Assistant Collector was confirmed on appeal, by the Collector vide Annexure 'E' dated March 25, 1968 and the revisions filed before the Commissioner and the Financial Commissioner against that order were also dismissed vide Annexure 'F' dated February 3, 1969 and Annexure 'G' dated October 24, 1969. The present petition has been filed for quashing these orders.