ANGREJ SINGH Vs. FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) THIS Civil Writ petition has come up before this Bench on a reference by my learned brother I.D. Dua, J. Originally, the case was argued before him on 19th September, 1961, and as he considered the matter involved to be of considerable importance and likely to arise in a number of cases, he expressed the view that the question arising in the dispute may be authoritatively disposed of by a larger Bench. Notice of the petition has also been given to the Advocate General.

(2.) THE facts giving rise to this petition are that Angrej Singh, Petitioner, had been a tenant under his landlord Karam Singh, Respondent No. 3. An application was made by the landlord for the ejectment of the tenant under Section 9(1)(i) of the Punjab Security of Land Tenures Act (10 of 1953). This application was rejected by the Assistant Collector on 2nd July, 1959. The landlord preferred an appeal to the Collector which was allowed on 19th October, 1989. The tenant took up the matter in appeal before the Commissioner, who allowed it. From the appellate order of the Commissioner, the landlord filed a revision to the Financial Commissioner and there he was successful. The order of the Financial Commissioner dated 20th October, 1960 (Annexure 'D') has been questioned before us by means of the petition of writ on behalf of the tenant, who has prayed for the issuance of a writ of certiorari and desires this Court to quash the impugned orders of the Financial Commissioner and also of the Collector; both of them have been impleaded as Respondents Nos. 1 and 2.

(3.) A reference to the salient provisions of the Punjab Security of Land Tenures Act, 1953, which came into force on 15th April, 1953, will help in understanding the question which calls for decision in this case. This Act was amended first in 1953 by Punjab Act 57 of 1953, and then by Punjab Act 11 of 1955, Punjab Act 46 of 1957, Punjab Act 4 of 1959, and finally by Punjab Act 32 of 1959. The Act was passed to provide for the security of land tenures and other incidental matters and was preceded by two earlier Acts, Punjab Tenants (Security of Tenure) Act (12 of 1950) and Punjab Tenants (Security of Tenure) Amendment) Act, 1951 (President's Act 5 of 1951). These two enactments have been repealed by Section 28 of the principal Act. This Act saves the tenants from ejectment on arbitrary grounds and also protects their interests, but at the same time it imposes an obligation upon the tenants to pay rent regularly to the landlord. This Act prevents the landlord from realising rent at a higher rate than what is fixed by the Legislature. The Legislature has put limits on the maximum area which a landowner can hold for himself which is 30 standard acres except in the case of displaced persons who can hold up to 50 standard acres. To the extent of the 'permissible area' which a landowner can hold for himself, the Legislature has enabled him to obtain exclusive possession by eviction of the tenants in respect of such an area, The evicted tenants are also accommodated in the surplus areas and a statutory obligation has been cast upon the State to accommodate tenants who have been displaced as a result of the landowner personally cultivating the area which the Legislature has allowed him to hold for himself. There are certain other features of this Act which are not germane to the particular question arising in this case. Section 2, Sub -section (3), defines "permissible area" which, in relation to a landowner or a tenant, means 30 standard acres not exceeding 60. There is a proviso that no area under an orchard at the commencement of this Act shall be taken into account in computing the permissible area. The maximum limit in the case of displaced persons is 50 standard acres or 100 ordinary acres. Section 2, Sub -Section 4, defines "reserved area" as meaning "the area lawfully reserved under the Punjab Tenants (Security of Tenures) Act, 1950 (Act 22 of 1950), as amended by President's Act of 1951)."