MULKH RAJ Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) Nanak Chand, father of Mulkh Raj, petitioner owned 136 standard acres and 10 units of land on April 15, 1953, as also on February 1, 1955. Out of this land he transferred 997 Kanals 12 Marlas to his son Mulkh Raj, petitioner, on August 3, 1960, in compliance with a Civil Court decree. Earlier Nanak Chand had selected his permissible area and had filed a statutory form before the revenue authorities for reserving his land as required by section 5(1) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act').

(2.) On January 30, 1967, Duni Chand, respondent No. 5, to this petition, made an application under section 18 of the Act for purchase of 56 Kanals of land against Mulkh Raj. He claimed that the above-mentioned land was under his cultivation for more than six years ; it belonged to a big landowner and was included in his permissible area. Saudagar Singh, Patwari, appeared and supported the assertions of Duni Chand, respondent, regarding the ownership of the land of Nanak Chand and transfer of a part of this land in favour of Mulk Raj, Hari Chand, Reader to Tehsildar, Fatehabad, was examined by Mulkh Raj, landowner. He produced the reservation form submitted by Nanak Chand. Duni Chand stated that he was cultivating the above-mentioned land for the last more than 12/13 years and that Mulkh Raj was a big landowner and the land had not been included in his reserved area. Relying upon this, the Assistant Collector allowed this application. Aggrieved, Mulkh Raj filed an appeal which was dismissed by the Collector on March 24, 1969. His revision before the Commissioner, Ambala Division, Ambala, met the same fate and was dismissed by him on October 25, 1969. The second revision to the Financial Commissioner failed on May 21, 1975. Dissatisfied with these orders, Mulkh Raj filed this petition.

(3.) Mr. Ram Rang, learned counsel for the petitioner, has raised two contentions :-