MOHINDER Vs. AMRIT KAUR

JUDGEMENT

(1.) By this order two Civil Writ Petitions (Nos. 12510 and 13415 of 1991) are being disposed of as most of the facts are common. The facts are being taken from petition No. 12510.

(2.) The petitioners in these petitions claim to the tenants. Surplus area of the landlady Smt. Amrit Kaur was declared surplus by the Collector under the Pepsu Tenancy and Agricultural Lands Act on July 18, 1963, vide Annexure P-1. An appeal was taken before the appellate Authority against that order, which was disposed of on May 19, 1964, vide order, Annexure P-2. Ultimately the Financial Commissioner on the application of the landlady Smt. Amrit Kaur remanded the case vide order Annexure P-4 dated April 10, 1985. It was remanded for redetermination of the surplus area.

(3.) In the meantime the petitioners-tenants applied for grant of proprietary rights. The landlady also made certain transfers. The Collector Agrarian disposed of the matter vide order dated June 3, 1986, Annexure P5. The Commissioner disposed of appeal of the tenants on November 2, 1987 (as stated). The matter was taken to the Financial Commissioner by the petitioners/tenants, which was disposed of vide order dated February 13, 1990, Annexure P-11 on both these petitions although the orders are of the same dates, however, the annexure marks are different. The Financial Commissioner disposed of the matter by passing the following order on February 13, 1990 :-