BANWARI LAL Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 24.09.1992 (Annexure P8) wherein respondent No.1, Financial Commissioner allowed the revision petition of private respondents No.2 & 3 and gave them the status of occupancy rights under the Punjab Tenancy Act, 1887 (for short, the '1887 Act') while dismissing the ejectment application filed by the present petitioner.

(2.) The legal question that arises for consideration is as to whether the Financial Commissioner had any jurisdiction to grant status of occupancy rights to respondents No.2 & 3, being a revenue Court.

(3.) The dispute pertains to 49 kanals 12 marlas of land, situated in Village Bazina, Tehsil & District Bhiwani, which was purchased by the petitioner on 17.09.1976. At the time of purchase, the land was in possession of Masania, predecessor-in-interest of respondents No.2 & 3. The petitioner filed an application for ejectment of Masania under Section 9(1) of the Punjab Security of Land Tenures Act, 1953 (for short, the '1953 Act) on 30.03.1981 in the Court of Assistant Collector, 1st Grade, Bhiwani on the ground that he was a small landowner and required the land in dispute for his cultivation. On the other hand, Masania filed a suit for declaration on 04.12.1981, for occupancy rights, under Section 5 & 8 of the 1887 Act. The Assistant Collector decreed the suit of Masania on 13.09.1982 and declared him to be an occupancy tenant and dismissed the ejectment application of the petitioner, vide order of even date.