RADHEY LAL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order shall dispose of all these petitions (Civil Miscellaneous Nos. 3763 of 1963, 190 of 1964, 192 of 1964, 194 of 1964,196 of 1964, 198 of 1964, 200 of 1964 and 202 of 1964) as the main point involved is common to them.

(2.) The facts in Civil Miscellaneous No. 3763 of 1963 may be stated. The petitioner is a tenant and claims to have been cultivating the land from a long time on cash rent. The landowners moved the Assistant Collector under Section 9(1)(vii) of the Punjab Security of Land Tenures Act, 1953, (hereinafter called the Act) praying that the petitioner be required to convert the cash rent into payment in kind by giving one-third share of the crop and requiring him to execute a qabuliatnama. The Assistant Collector allowed that application and passed an order of ejectment against the petitioner. There were appeals and revisions and ultimately the matter was remanded to the Assistant Collector for decision. After the remand the Assistant Collector made an order on 18th July, 1961 directing ejectment of the petitioner on the ground that he had not executed the qabuliatnama as required by Section 9(1)(vii). The Collector affirmed that order. The matter was taken to the Commissioner who made a recommendation to the Financial Commissioner that the tenant should be called upon to execute qabuliatnama in favour of the landowners and to pay cash rent to the extent mentioned in the order within one month of the date of the order which was to be passed by the Financial Commissioner and if he failed to do so, he should be ejected from the area in his occupation between 1st May and 15th June 1963. The Financial Commissioner, by his order dated 28th May 1963, accepted the recommendation that set aside the order of the Assistant Collector dated 18th July, 1961 and that of the Collector dated 13th November, 1961 and further ordered that the tenant should execute a qubuliatnama in the prescribed form in favour of the landowners to pay rent from Kharif 1959 onwards at the rate of 1/3rd batai and this qabuliatnama was to be executed on 20th June, 1963. It was further directed that if the tenant failed to execute the qabuliatnama he would be ejected forthwith.

(3.) The sole grievance of the petitioners in all the petitions is that although they had executed a qabuliatnama in the prescribed form before 20th June 1963, they are still liable to be ejected according to the orders of the Financial Commissioner because he had directed that in the qabuliatnama they had to undertake to pay rent at the rate of 1/3rd batai. Section 9(1)(vii) provides that no landowner shall be competent to eject a tenant except when such a tenant refuses to execute a qabuliat or a patta in the form prescribed in respect of his tenancy on being called upon to do so by an Assistant Collector on an application made to him for this purpose by the land-owner. The prescribed form which is to be found as Annexure 'C' in the Punjab Security of Land Tenures Rules, 1953 is as follows so far as the relevant and material portion is concerned :-