GURBAKHSH SINGH Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) These appeals (Regular Second Appeal Nos. 524 and 525 of 1961) arise out of two suits filed by Gurbakhsh Singh, appellant for a declaration that he was owner in possession of the lands in dispute and for a permanent injunction restraining the defendants from interfering with his possession.

(2.) According to the allegations of the plaintiff, the defendants were the landlords of the suit lands. Some Muhammedans were the occupancy tenants of these lands. When they migrated to Pakistan, the occupancy rights vested in the Custodian, Evacuee Property. The appellant, who was a displaced person was allotted these occupancy rights. As a result, he became a tenant under the defendants. In 1957, the landlords filed applications before the Assistant Collector, Second Grade, for the ejectment of the tenant under Section 14-A(ii) of the Punjab Security of Land Tenures Act, 1953, on the ground that he had not paid them the rent for the years 1952-53 to 1955-56. On 13th July, 1957 the said Assistant Collector ordered the tenant to pay the arrears of the rent within one month, otherwise he would be ejected to pay the arrears of the rent within one month, otherwise he would be ejected from the lands in dispute. It appears that no rent was paid by the tenant by 13th August, 1957. During the execution of these orders, the tenant filed objections against his eviction. These objections were dismissed, but on appeals the Collector accepted them and set aside the orders of ejectment. The landlords filed appeals before the Commissioner, who reversed the decision of the Collector and restored the orders of ejectment. The revisions against the same were dismissed by the Financial Commissioner on 26th November, 1959. This led to the present suits, which were filed by the tenant on 12th January, 1960. It was alleged in the plaints that on 15th July, 1958 the Government promulgated the Punjab Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance (4 of 1958), conferring proprietary rights on occupancy tenants and since the plaintiff was an occupancy tenant of the disputed lands on that date, he became an owner thereof. The arrears of rent had been paid on 29th February, 1960 and the orders of the Assistant Collector, Second Grade, dated 13th July, 1957 had, consequently, been complied with. The plaintiff was not liable to be evicted.

(3.) These suits were contested by the landlords who, inter alia, pleaded that the Assistant Collector, Second Grade, had directed the plaintiff to be ejected from these lands if he did not pay the arrears of rent within one month of the date of his orders. The said payments having not been made within the prescribed time, the occupancy rights of the tenant had been extinguished and on 15th July, 1958 the plaintiff was not in possession of the lands in dispute as an occupancy tenant. It was also pleaded that the validity of the proceedings before the Assistant Collector, Second Grade, could not be challenged in any Civil Court, which had no jurisdiction to try these suits under Section 25 of the Punjab Security of Land Tenures Act, 1953.