KAPUR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Kapur Singh, petitioner, was a tenant of land measuring 41 Kanals 15 Marlas in Sirhind under respondent Nos. 2 to 7. The respondents- landowners filed a suit for ejectment of the petitioner on June 19, 1967 under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter the Act), on the following grounds :-

(2.) The arrears of rent was paid by the petitioner. The Assistant Collector vide order dated May 13, 1970 (P.1) held that the respondents had failed to make a demand in writing for the execution of the Kabuliyatnama and as such the petitioner is not liable to be ejected his having not executed the same. It was also held that the petitioner was not liable to be ejected under section 8 of the Act till the provisions of Section 7 were satisfied irrespective of the fact that the petitioner had completed three years under the small landowners. The suit of the respondents-landowners was consequently dismissed.

(3.) The respondents-landowners filed another ejectment suit against the petitioner on January 22, 1972, which was decreed by the Assistant Collector vide order dated August 23, 1973 (P.2) on the ground that the petitioner had failed to execute the Kabliyatnama and further he was cultivating the land in dispute for more than three years as a tenant under the landowners. The petitioner filed an appeal against the order P.2 which was dismissed by the Collector vide order dated January 28, 1974, (P.3). The petitioner then filed a revision before the Commissioner which was dismissed vide order dated February 6, 1975 (P.4). Another revision filed by the petitioner before the Financial Commissioner was dismissed vide order dated February 19, 1976, (P.6). The petitioner has assailed the orders P.2, P.3, P.4 and P.6 in the present writ petition.