JAGDISH LAL Vs. FINANCIAL COMMISSIONER REVENUE

JUDGEMENT

(1.) The present writ petition is directed against the order dated 13.6.1996 (Annexure P-13) passed by the Financial Commissioner, Haryana upholding the order dated 16.12.1988 (Annexure P-10) passed by the Collector Jagadhri and the ejectment order dated 4.5.1983 (Annexure P-7) passed by the Assistant Collector 2nd Grade, Jagadhri. The brief facts of the case are that petitioners Nos. 1 and 2 alongwith Kishan Lal, predecessor-in-interest of petitioners Nos. 3 to 5 were tenants Gair Marusi on the land measuring 13K-4M bearing Khasra No. 5/20 2(4-15), 6/16(7-7) and 25/1(1-2), situated in village Mausa Kami Mazra, Jagadhari. Respondent No. 4 Sham Sunder, being the owner of the land, used to receive 1/3rd share of the each crop at the harvesting time. During the pendency of this petition, respondent No. 4 Sham Sunder died and his legal representatives were brought on record. These facts are also supported with the relevant revenue record in the form of Annexures P-1A and P-2A.

(2.) Sham Sunder, predecessor in interest of the private respondents, moved an application on 2.7.1979 for recovery of rent for the crops of Kharif 1976 to Rabi 1978. The said application was found without any substance and was dismissed by Assistant Collector 2nd Grade, Jagadhri, vide order dated 18.10.1979, Annexure P-4. However, another application was moved just after four days i.e. on 23.10.1979 by Sham Sunder for recovery of rent for crop of Kharif 1978 and Rabi 1979. Application of Sham Sunder, predecessor-in-interest of private respondents, (hereinafter referred to as the land owner) was not found full of substance but it was partly accepted to the extent of payment of Rs. 268/- vide order dated 13.2.1981, Annexure P-5. Case of the petitioners was that this amount had already been paid.

(3.) Dissatisfied with the above-said order dated 13.2.1981 (Annexure P-5), both the parties filed their respective appeals before the Collector, who vide order dated 7.10.1981 (Annexure P-6) held that the dispute in the case was for Chakota or Batai and not for ejectment. He remanded the case to Assistant Collector 2nd Grade, Jagadhri, for deciding the case afresh after giving due opportunity to both the parties. Pursuant to the above-said remand over, Assistant Collector 2nd Grade, Jagadhri, decided the case vide his impugned order dated 4.5.1983 (Annexure P-7) thereby ordering the ejectment of the petitioners under Section 14A(ii) of the Punjab Security of Land Tenures Act, (hereinafter called 'the Act') holding that they did not pay batai of crop of Kharif 1978. This order was challenged by the petitioners before the Collector, who set aside the ejectment order vide his order dated 31.8.1984, Annexure P-8.