JAWAN Vs. MEWA SINGH

JUDGEMENT

(1.) The Act to amend and consolidate law relating to tenancy of agricultural lands and to provide for certain measures and land reforms inclusive of acquisition of proprietary rights by tenants called as The Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the 'Act of 1955') came into being on March 6, 1955. A tenant, who is not liable to be ejected under clauses (a) and (b) of sub-section (1) of Section 7-A or under clauses (a) and (b) of sub-section (2) of Section 7-A, was, for the first time, given right to acquire proprietary rights. Primarily, such tenants were those who were not occupying the land reserved by landowner for his personal cultivation.

(2.) Appellants, who were tenants of big landowner Bhag Singh, on Introduction of Act of 1955, thought that a piece of land occupied by them for number of years would now be owned by them. Luck has smiled on them and their status would change from mere tillers of land to landowners. In their pursuit to become proprietors, they made an application on August 26, 1963 before the Prescribed Authority. A period of nearly four decades has gone by and, as on today, far from being proprietors, they are not even in possession of land, erstwhile occupied by them as tenants, having been forcibly dispossessed. The big landowner, Bhag Singh and his successors-in-interest have webbed a net around the appellants in which they have weaved all tricks. The pleas raised by them from time to time, naturally suiting their convenience and change of their stand, it appears, created an impregnable juggernaut for the tenants. It is virtually telling the tenants that such are our devices that heads we have to win and tales you shall lose. In one of the rare cases, as the present one, the tenants have withstood the pressure by their sheer tenacity as otherwise, it appears, they are no match to the resources with which the landowners are equipped. This duel between the landowners and tenants, spanned over a period of 37 years by now reveals a shocking story, some details of which, are necessarily required to be mentioned so as to appreciate the controversy that needs adjudication in this Letters Patent Appeal filed by tenants-Jawan Khan and others, against judgment of learned single Judge dated November 3, 1988 under clause X of the Letters Patent.

(3.) On August 26, 1963 tenants Jawan Khan and others (hereinafter referred to as the "appellants') under the big landowner Bhag Singh, moved an application under Chapter IV of the Act of 1955 to acquire proprietary rights pertaining to a piece of land measuring 42 Biggas 6 Biswas under their occupation. Same was, however, dismissed in default on December 19, 1963. An application for restoration was filed which was allowed vide order dated March 16, 1965. Bhag Singh, big landowner himself appeared before the Prescribed Authority and conceded the claim of appellants. The Assistant Collector, 1st Class (Baran Dari Garden), Patiala, vide order dated November 30, 1965, held that appellants were entitled to acquire proprietary rights of Khasra Nos.1114(6-5), 1115(3-3), 1116(3-3), 1117(6-5), 1118(6-0), 1119(6-0) and 1120(11-10), in all measuring 42 biggas 6 biswas as their tenancy had been subsisting since 1956. It was specifically mentioned that the respondents, who were Bhag Singh and his three sons, namely, Mewa Singh, Kuldip Singh and Mohinder Singh, had no objection if the application was allowed. The compensation for acquiring the proprietary rights was calculated @ 90 times of land revenue, i.e., Rs. 2331/-. The compensation was ordered to be paid in six annual installments. First installment of Rs. 293.75 was to be deposited within fifteen days of the date of said order. Appellants were held to be sole owners of the land, of which proprietary rights had been granted and they were further held entitled to have sale certificate after the deposit or payment of first installment as required under Section 23(3) of the Act of 1955.