AJAIB SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 7153 and 7487 of 1987, involving identical questions of facts and law. For the purpose of the order, facts have been picked up from 7153 of 1987 Ajaib Singh v. Financial Commissioner, Revenue (Punjab).

(2.) The facts of the case are that respondents No. 2 to 6 filed a suit in the Court of Assistant Collector Ist Grade, Barnala, for ejectment of the petitioner from the land situated in village Barnala comprised in khasra Nos. 33/6/2/2-0, 7/8-0, 8/7/3-6, 14/8-0, 15/8-0, 16/4-11, 17/7-7, measuring 41 K. 7 Ms. under Section 77 of the Punjab Tenancy Act and Sections 7 and 8 of the Pepsu Tenancy and Agricultural Lands Act stating that tenant is cultivating the land as a tenant at will in lieu of Lagaan for the last more than three years and not paid the Lagaan for the crops Kharif 1980 and Rabi 1981. The Assistant Collector vide his order dated 15-6-1982 Annexure P-1 ordered the ejectment of the present petitioner Ajaib Singh. Aggrieved against this order, the tenant now petitioner filed appeal before Collector District Sangrur who also dismissed the same. The petitioner-tenant thereafter approached the Commissioner Patiala Division and Financial Commissioner (Revenue) Punjab who vide orders dated 6.5.1986 and 27.8.1987 respectively confirmed the order passed by Assistant Collector, Ist Grade Barnala and that passed by Collector, Sangrur. The petitioner now has come to this Court under Articles 226/227 of the Constitution of India for quashing the above said orders, Annexures P-1 to P-4.

(3.) It is contended by the learned counsel for the petitioner that the petitioner has not violated the terms of tenancy and had been paying the Lagaan regularly but the petitioner along with other have been evicted simply on the plea that the petitioner is cultivating the land since 1976 i.e., more than three years. The learned counsel for the petitioner has also contended that the respondent-landlord has not been shown to be a small landowner nor has the land in question been shown to be a part of his permissible area. Reference was made to a Full Bench decision of this Court in Piara Singh v. Financial Commissioner, Revenue, Punjab, 1977 PunLJ 151to contend that the respondent-landlord, was not competent to seek ejectment under Section 8 and 7 of the Pepsu Tenancy and Agricultural Lands Act, 1955.