BUTI SHAH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners are aggrieved against the revisional order dated October 11, 1974 (Annexure P. 7) passed by the Financial Commissioner Revenue, Punjab, Chandigarh, in exercise of powers under Section 84 of the Punjab Tenancy Act (hereinafter referred to as the Act) and have approached this Court under Articles 226/227 of the Constitution of India, to get the same quashed.

(2.) Facts giving rise thereto are these. Details apart, the petitioners claim themselves to be the owners of a parcel of land measuring 75 Kanals 2 Marlas at village Fatehpur Banga, Tehsil Ropar, wherein Piara Singh respondent was a tenant. On the allegations that the tenant had failed to pay rent with regard to two harvests, namely, Kharif 1970 and Rabi 1971, the landlords-landowners claiming themselves to be small landowners, filed a suit for his ejectment under Section 77(3)(e) and (n) of the Act. These clauses may will be noted here :-

(3.) The petitioners could well have opted for the summary remedies available to them for these reliefs under section 14-A(i) and 14-A(ii) of the Punjab Security of Land Tenures Act, 1953, but it seems they opted for the regular remedy of a suit for the purpose. The trial Court, on the pleadings of the parties, framed amongst others three issues which are relevant for our purpose:-