BHAGWAN DAS Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) THE main question arising in this appeal under Clause 10 of the Letters Patent against the order of a learned Single Judge, dated 20th of November, 1970, in civil Writ 1354 of 1969, is whether a tenant is entitled to an order for purchase of land in his continuous occupation for a minimum period of 6 years under Section 18 (1) (i) of the Punjab Security Land Tenures Act, 1953 (hereinafter referred to as the Act), if he makes the requisite application before an order for ejectment is made, but while proceedings for his ejectment are pending. Relying upon Bench decisions of this Court in Giani v. Financial Commr. , Punjab, 1969 Punj LJ 226, and dhan Kaur v. The Financial Commr. , 1970 Punj LJ 664, the learned Single Judge upheld the order of the Financial Commissioner, by which the appellant's application for purchase had been dismissed in view of the fact that an order for the appellant's eviction had been passed by the Assistant Collector First Grade as far back as 31st March, 1967, and had become final, having not been assailed before any superior authority.

(2.) THE learned Judge against whose judgment the present appeal has been preferred was party to Giani's case, 1969 Punj LJ 226. delivering the judgment of the Bench, his Lordships observed as follows:--

(3.) AN attempt was made before the learned Single Judge to assail correctness of this decision by relying upon the Supreme Court decision in Saheb Ram v. Financial Commr. , Punjab, 1970 Punj LJ 282= (AIR 1971 SC 198 ). The learned single Judge, however, distinguished that authority and held that the rule laid down in Giani's case (supra) by the Division Bench had to be followed.