DHANNA Vs. SIRI PARKASH AND ORS.

JUDGEMENT

(1.) THIS order will dispose of civil Miscellaneous petitions Nos. 3744 and 3745 of 1961, filed under Article 227 of the Constitution, as the facts are common.

(2.) THE petition in C.M. 3744 of 1961, is a tenant of Respondent No. 1, Sri Parkash. The Financial Commissioner and the Assistant Collector. II Grade, Hissar, are impleaded as Respondents Nos. 2 and 3. The landlord had moved the Assistant Collector, II Grade, under Section 14(A) of the Punjab Security of Land Tenures Act (10 of 1953) against the Petitioner for the recovery of rent for the harvest Kharif 1959. On 9th January, 1961, the Assistant Collector, II Grade, passed an order directing the Petitioner to pay a sum of Rs. 350.02 nP. to Respondent No. 1 within a period of one month from the date of the order failing which the tenant would be rendering himself liable to ejectment.

(3.) AN appeal was taken by the landlord to the Commissioner seeking revocation of the order granting the extension of ten days to the tenant. The Commissioner expressed the view that in view of the clear language of Section 14(A)(ii) of the Punjab Security of Land Tenures Act, the Collector had no jurisdiction to pass an order extending the period for payment of the rent and thus to avert eviction. Reliance was placed on two orders passed by the Financial Commissioners in Sham Dass v. Mange and Ors., 1959 L.L.T. 49, and Kulu Ram v. Ujagar Singh , 1960 L.L.T. 65. The tenant's revision was dismissed by the Financial Commissioner which has given rise to this petition.