KUNDAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This letters patent appeal is directed against the judgment of learned Single Judge dated May 17, 1975, in so far as it was held that the orders passed on the applications of respondent Nos. 5 to 7 under Section 18 of the Punjab Security of Land Tenures Act (hereinafter to be called the Act) allowing the latter to purchase the land under their tenancy, had become final and the lands under their tenancy will not be considered for selecting the permissible area of the appellant.

(2.) The total land in the ownership of the appellant after the death of his father Tulsi Ram on June 18, 1962 was 62 Acres and 1 Kanal. The same was valued at 40 Standard Acres and 10-1/4 Units by the prescribed authority under the Act. As the appellant had not filed any declaration under Section 19-B of the Act reserving his permissible area, the Collector initiated suo motu proceedings for declaration of surplus area in 1964. According to his order dated 26th July, 1965 (Annexure A) respondents Nos. 5 to 7 were found to be tenants over some land of the appellant in three different villages for a continuous period of more than six years prior to 15th April, 1953, which was thus held to be their permissible area. Excluding the same, an area measuring 20 Standard Acres and 8-1/4 Units was found to be in the cultivating possession of the appellant. As this was below the permissible limit, the Collector did not think it fit to impose any penalty under Section 19-B sub-clause (3) of the Act. The review application by the appellant was dismissed on 8th February, 1966. Thereafter, the revision before the Commissioner and the Financial Commissioner was dismissed by their orders dated 10th October, 1966 (Annexure C) and dated 25th July, 1967 (Annexure D), respectively. Respondent Nos. 5 and 7 who were in possession of some land of the appellant as tenants filed separate applications under Section 18 of the Act for purchase of the lands under their tenancy. The application of Labh Singh was allowed by the Assistant Collector Ist Grade, Ferozepore on September 29, 1969 (Annexure E). The purchase price was determined and the first instalment of the same was ordered to be deposited within the prescribed time. Appeal by the appellant before the Collector, Ferozepore, was dismissed in default on November 9, 1970 and the application for restoration of the same was dismissed on November 15, 1972. According to the learned counsel for the appellants, revision against this order was filed by the appellant but the learned counsel was not in a position to tell before the learned Single Judge at the time of arguments as to whether the same had been finally decided or not. Even while addressing the arguments in the present appeal, he was not in a position to give any better information. The application by Mulkh Raj, respondent No. 6, under Section 18 of the Act, was similarly allowed by the Assistant Collector on 9th January, 1970 (Copy of the order in Annexure 'F'). Appeal by the appellant was dismissed by the Collector on 11th August, 1970 (Copy of the order is Annexure 'G'). Application by the third tenant Ganpat Ram, respondent No. 7, under Section 18 of the Act, was also allowed on June 6, 1970 vide order Annexure 'H' and the appellant's appeal before the Collector was dismissed on 7th July, 1971. The orders regarding purchase of the tenancy land by respondent Nos. 5 to 7 were thus rendered final.

(3.) The present writ petition was filed on November 6, 1970 in which the prayer was for quashing the orders of the Collector dated July 26, 1965; of the Commissioner dated October 10, 1966 and that of the Financial Commissioner dated July 25, 1967. An application to stay further proceedings in the purchase application by respondent Nos. 5 to 7 was rejected. Consequently, orders on the purchase applications by respondent Nos. 5 to 7 became final and as a result the land held by them had gone from the ownership of the appellant and thus aforesaid respondents had become owners as they had deposited the first instalment of the purchase amount as determined by the Assistant Collector.