BHAGIRATH RAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In these two petitions (Civil Writ Application No. 162 or 1953 and Civil Writ Application No. 163 of 1953) the validity of the Punjab Security of Land Tenures Act (Punjab Act No. 10 of 1953) hereinafter called the Act, as amended by Ordinance No. 5 of 1953, had been challenged before us. There are several other petitions pending in this Court in which the same point has been raised and the fate of those petitions will depend upon our decision in the two petitions with which this order deals. The petitioners are landlords against whom their tenants have filed applications under Section 10 of the Act. The applicants were ejected tenants, and they wished to be restored to their tenancy according to the terms of the Act. The landlords contend that the Act is 'ultra vires' the Constitution and pray for the issue of a writ of 'mandamus' directing the officials concerned not to entertain the application of the tenants.

(2.) Mr. Chatterjee who argued the case on behalf of the landlords based his attack on several grounds but before stating these grounds or discussing them it is necessary to set out briefly the aims and objects of the Act and the manner in which the Legislature has sought to achieve them.

(3.) The Act is called the Punjab Security of Land Tenures Act and the preamble states that, the Act is intended to provide for the security of land tenure and other incidental matters. The-main provisions of the Act are that landlords cannot in effect eject their tenants except for reasons mentioned in Section 9 which are :