DONA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RESPONDENTS No. 5 to 7 filed an application in Form K-1 for ejectment of the petitioners-tenants, from the land measuring 85K 15M comprised in Khasra Nos. 41//11(7-15), 20(8-0) 21/1(3-7), 42//16/1(4-14), 82/6/2/1(0-16), 15/2(2-18), 16/1(0-18), 83//1(8-0), 19/1(2-9), 20/l(2- 9),82//5/2(2-10), 6/1/1(1-19) 83//2(8-0), 9(8-0), 10(8-0), 11(8-0), 12)(8-0), situated in the revenue estate of Rana, Tehsil Fazilka, District Ferozepur. The Additional Deputy Commissioner-cum-Assistant Collector 1st Grade, Ferozepur vide order dated 8.9.1978 ordered the ejectment of the tenants from the land in dispute [except 23K 16M comprised in Khasra Nos. 41//11(7-15), 20(8-0) 21/1(3-7), 42//16/1(4-14) sold during the pendency of the proceedings to a third party] subject to the first proviso of Section 9-A of the Old Act i.e. the tenant shall be allowed to retain possession of his tenancy to the extent of 5 standard acres including any other land which he may hold as tenant or owner, until he is accommodated on a surplus area or otherwise. The District Collector, Ferozepur vide order dated 29.12.1978 rejected the appeal against that order. The Commissioner, Ferozepur Division, Ferozepur vide order dated 23.4.1979 recommended for acceptance to the Financial Commissioner the revision petition against the aforesaid orders on the ground that before ordering the ejectment the Revenue Officers below had not determined

(2.) AGAINST this order, the tenants filed CWP No. 2190 of 1981. The High Court of Punjab and Haryana vide order dated 18.3.1993 remanded the case to the Financial Commissioner Taxation to deal afresh with the various factual and legal issues raised by the Commissioner, Ferozepur Division, especially that the tenants were entitled to two separate units for their rehabilitation.

(3.) COUNSEL for the petitioners has taken a further ground, namely, that the landowners having purchased the land through 3 separate sale deeds, each for specific Khasra numbers and separate mutations having been sanctioned in respect of each sale deed, the joint application for ejectment was not competent. This is linked with the second issue raised by the Commissioner, Ferozepur Division, Ferozeput, namely, whether the tenants were entitled on ejectment to hold 1 unit or 2 units, of 2 h.a., including any other land owned and held by them.