SMADH BAWA MARU DASS Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THESE petitions are directed against order dated 11.10.1983 passed by Financial Commissioner, Appeals, Punjab (respondent No. 1) vide which he allowed the revision petitions filed by Shri Bhagat Singh (respondent), who died during the pendency of the litigation and is represented by his legal representatives, under Section 24 of the Punjab Security of Land Tenures Act, 1953 (for short, 'the Act') and declared that he is entitled to purchase the land under his tenancy.

(2.) THE petitioner owns land in village Daulatpur, Tehsil and District Jalandhar. Late Shri Bhagat Singh was inducted as tenant on a portion of the land measuring 46 kanals and 16 marlas comprised in Khasra Nos. 155, 156, 157, 158, 162 and 163. On 13.6.1967, an application was filed on behalf of the petitioner under Section 14-A (i) read with Section 9(2) of the Punjab Security of Land Tenures Act, 1953 (for short, 'the Act') for ejectment of Shri Bhagat Singh on the ground that he had failed to pay rent for the period from Kharif, 1964 to Rabi, 1967. As a counter-measure, he filed an application under Section 18 of the Act for purchase of 51 kanals and 14 marlas of land including 46 kanals and 16 marlas belonging to the petitioner by claiming that the same was surplus and he was in cultivating possession thereof for more than six years i.e. from Rabi, 1962 to Rabi, 1968.

(3.) IN the meanwhile, respondent No. 2 suo motu set aside order dated 16.9.1969 vide which he dismissed the purchase application of respondent No. 3 in default. The appeal filed by the petitioner was dismissed by the Collector vide order dated 14.3.1972 and the revision petition filed by it was dismissed by respondent No. 1 vide order dated 24.5.1973.