HAZARA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS petition is directed against the order of Financial Commissioner, Haryana, dated 14. 7. 1993 (Annexure P-1) confirming the order of Commissioner, Ambala Division, Ambala (Annexure P-3) and order of the Collector, Ambala dated 9. 12. 1986 (Annexure P-5) whereby Garibu deceased now represented by Purni Devi and other legal representatives was declared as occupancy tenant under Section 8 of the Punjab Tenancy Act, 1887 (hereinafter referred to as the Act) in respect of the land in suit measuring 49 Kanals 4 Marlas situated in village Boron tehsil Naraingarh district Ambala.

(2.) IN brief facts relevant for the disposal of this petition are that Garibu filed an application under Section 77 (2) (d) of the Act against the present petitioners before the Assistant Collector Ist Grade, Naraingarh. It was pleaded that Mangta father of Garibu was inducted as a tenant on the land in suit under Chhajju predecessor-in-interest of Hazara Singh and others, the present petitioners on payment of Rs. 80/- per annum as shown in Khasra Girdawri for the year 1944. Thereafter on the basis of continuous and long possession of the suit land for over 30 years by the said tenant and later or that of his son Garibu or his legal representatives, they had become occupancy tenant in respect of the said land, as there was no increase in rent and they had also installed a tube-well in the year 1976-77 without any objection from the side of Hazara Singh and others, the present petitioners and land owners who had purchased the land in dispute from the earlier land-owners in the year 1968. In reply the present petitioners pleaded that no specific agreement for creation of occupancy tenancy was entered into between the parties at the time of the inception of the tenancy, and, that Mangta and later on his son Garibu deceased respondent (now represented by his legal representatives Purni Devi and others) were in occupation of the land in dispute only as a tenants-at-will and that there has been increase in annual rent from Rs. 80/- per annum to Rs. 115/- per annum as shown in Khasra Girdawri for the year 1947-48 and later on this rent was increased to Rs. 200/- per annum in the year 1949-50. The suit filed by Garibu deceased-respondent was, however, dismissed by the Assistant Collector Ist Grade, Nargaingarh vide his order dated 24. 3. 1986. Garibu deceased-respondent filed appeal before the Collector which was accepted and said decision was upheld right upto the Financial Commissioner, Haryana.

(3.) THE learned counsel for the parties were heard.