KIDAR NATH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Kidar Nath has filed this petition under Articles 226 and 227 of the Constitution of India, calling in question the legality and propriety of the orders of the Commissioner and the Financial Commissioner, dated the 30th January, 1970 and the 9th August, 1971 (copies Annexures 'C' and 'D' to the petition respectively).

(2.) Prem Nath, respondent No. 2 and the petitioner are co-sharers in certain land situated in Mauza Sherpur Kalan, Tehsil and District Ludhiana. Prem Nath, respondent No. 2, filed a suit for rendition of accounts against the petitioner and one Banta Ram, respondent No. 3, under Section 77(k) of the Punjab Tenancy Act (hereinafter referred to as the Act). The suit was dismissed by the Assistant Collector, 1st Grade, vide his order dated the 15th April, 1966 (copy Annexure 'A' to the petition). Feeling aggrieved from the order of the Assistant Collector 1st Grade, Prem Nath respondent No. 2 filed an appeal which was heard by the Collector who vide his order dated the 25th October, 1967 (copy Annexure 'B' to the petition) allowed the same, set aside the order of the Assistant Collector, 1st Grade, Ludhiana, and remanded the case to him for a fresh decision in accordance with law. Feeling aggrieved from the order of the Collector, the petitioner preferred an appeal before the Commissioner, Jullundur Division, Jullundur, which was dismissed by learned Commissioner on the preliminary objection raised on behalf of the respondents that the appeal was not competent and did not lie, vide his order dated the 30th January, 1970 (copy Annexure 'C' to the petition. The petitioner went up in revision before 'he Financial Commissioner but met with no success and the decision of the Commissioner was upheld by the Financial Commissioner vide his order dated the 9th August, 1971 (copy Annexure 'D' to the petition). As earlier observed, it is the legality of the orders of the Commissioner and the Financial Commissioner that has been challenged by way of this writ petition.

(3.) Written statement has been filed on behalf of Prem Nath respondent in the shape of an affidavit in which it is averred that the impugned orders are perfectly legal and correct.