FATEH SINGH Vs. B S GREWAL

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution directed against an order of the Financial Commissioner Punjab, dated the 26th of August, 1961. There are Pour petitioners and, apart from the Financial Commissioner, respondents No. 1 there are seven other respondents. No return has been filed on behalf of any of the respondents, but, Mr. Sibal appears in opposition to the petition for respondents 2 to 8.

(2.) The contesting respondents, who were the tenants of the petitioners, filed a suit under Section 5 of the Punjab Tenancy Act of 1887 for the conferment of occupancy rights. The Assistant Collector granted them the occupancy rights under Section 8 and not under Section 5 of the said Act. The petitioners went up in appeal, which was accepted by the Collector on the 3rd of October, 1956, on the ground that no rights under Section 8 had been claimed and the grant of rights under Section 5 could not be conferred upon them. The tenants appeal was dismissed by the Commissioner and the revision before the Financial Commissioner, also failed.

(3.) Before the Financial Commissioner, a prayer was made that they be allowed to amend their plaint, which was, however, rejected. While rejecting the revision the Financial Commissioner observed that the tenants might be entitled to occupancy rights under Section 8 of the Act, but as such rights had been claimed for the first time in appeal they could not be granted. A review application was also dismissed by the Financial Commissioner.