MUKHTIAR SINGH Vs. SHIVRAJ SINGH

JUDGEMENT

(1.) By way of this order, I shall dispose of Civil Writ Petitions No. 8026 and 8027 of 1999 as these involve common question of law and facts. The respondents, namely, Shivraj Singh, Shivtar Singh and Gurbans Singh sons of Hakam Singh, resident of Bajpur, District Ferozepur filed an application in Form 'L' of the Punjab Security of Land Tenures Act, 1953, for ejectment of the petitioner from the land in dispute, on the ground that the petitioner is the sub-lessee under Kashmiri Lal-tenant and he failed to pay the rent. The application of the respondents was allowed by the Assistant Collector 1st Grade, Abohar, vide order dated 22.04.1994 (Annexure P1). The petitioner filed an appeal against the aforesaid order, which was dismissed by the Collector (Deputy Commissioner), Ferozepur, vide order dated 31.10.1994 (Annexure P2). The petitioner filed a revision petition, which was also dismissed by the Additional Commissioner (Appeals), Ferozepur Division, Ferozepur, vide order dated 30.09.1997 (Annexure P3). The petitioner filed another revision petition which also met the same fate, vide order dated 28.08.1998 (Annexure P4), passed by the Financial Commissioner (Appeals), Punjab. Feeling dissatisfied with the orders passed by the revenue authorities, the petitioner invoked the writ jurisdiction of this Court for giving challenge to the order of his ejectment as well as holding him liable to pay penalty.

(2.) Counsel for the petitioner has contended that the petitioner was never inducted as a tenant by Kashmiri Lal. It is argued that Kashmiri Lal was impleaded as respondent in the application for eviction, but was not examined to corroborate the version of the respondents (petitioners before the revenue authorities). It is further argued that report No. 72 (Annexure R/2/A) was got entered in rozmancha at the back of the petitioner, which was never got certified from him. It is further contended that Kashmiri Lal was a man of the respondents and had acted at their instance to get a false report entered in respect of creation of sublease in favour of the petitioner @ Rs. 850/- per year per Killa as chakota. It is submitted that the petitioner purchased land, measuring 26 kanals 5 marlas i.e. 1059/7974 share out of total land, measuring 177 kanals 13 marlas from co-owners of the joint khewat, namely, Om Parkash and others, vide registered sale deed dated 01.06.1987 (Annexure P5), therefore, the petitioner became a co-sharer in the joint khewat, in which, contesting respondents are also co-owners and thus could not be evicted from the land, co-owned by him.

(3.) Counsel for the contesting respondents has submitted that the petitioner was a sub-lessee of half share of land, measuring 40 kanals 5 marlas under Kashmiri Lal son of Karam Chand, who was a tenant of the respondents. It is argued that in view of creation of sub lease in favour of the petitioner, a report was prepared in the year 1987-88, which was entered in rozmancha wakiati (Annexure R/2/A). He has further submitted that in the year 1989, the petitioner filed a civil suit for permanent injunction in the Court of Civil Judge at Fazilka, wherein, he has admitted himself to be a tenant in the suit land under Kashmiri Lal. The next submission made by counsel is that the petitioner did not prove sale deed dated 01.06.1987 before the revenue authorities and the said sale deed is a bogus and sham transaction. He has further argued that the petitioner is guilty of concealing the material fact in respect of institution of civil suit which disentitles him to seek any relief from the Court of equity.