SURJAN Vs. FINANCIAL COMMISSIONER, REVENUE, HARYANA

JUDGEMENT

(1.) Private respondents herein filed a petition under Section 9 of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) on Form K-1 for ejectment of the petitioner from the land in dispute, inter-alia, on the ground that the private respondents are small landowner and need the land for self cultivation.

(2.) Their petition was dismissed by the Assistant Collector First Grade, on 19.01.2004 holding that private respondents (petitioners therein) are residing at Delhi and it is not possible for them to cultivate the suit land. Order of the learned Assistant Collector was confirmed by the District Collector and Commissioner, Gurgaon, however, learned Financial Commissioner vide impugned order dated 04.03.2011 has directed the ejectment of the petitioner from the suit land. Learned Financial Commissioner in the order impugned has observed that private respondents herein are the small landowners; Ejectment cannot be refused on the ground that small landowners are residing at Delhi to earn their livelihood.

(3.) Learned counsel for the petitioner has vehemently argued that under Section 9 of the Act, small landowner, who intends to cultivate the land himself, can only eject the tenant and landowner who is not doing cultivation himself cannot evict the tenant. Section 9 of the Act reads as under:-