SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition of Sohan Singh under Articles 226 and 227 of the Constitution of India to question the validity of the order of the Financial Commissioner passed in the exercise of his revisional jurisdiction directing his ejectment from the lands of the sixth respondent Lahori Mal.

(2.) The petitioner is a tenant of the sixth respondent in respect of 51 kanals 19 marlas of land in village Palasaur, Tehsil Tarn Taran. On 10th of July, 1961, the sixth respondent, as a landowner, applied for ejectment under clause (1) of sub-section (1) of Section 9 of the Punjab Security of Land Tenures Act, 1953, the tenant being "a tenant of a small landowner". It was never contested that the sixth respondent is a small landowner. The tenant claimed protection, however, of Section 9-A which says that :-

(3.) If the petitioner as a tenant has permitted himself to be divested of land which he held as a tenant of other landowners, it is a matter which cannot be taken account of in the calculation of his aggregate area under the proviso to Section 9-A.