DAYA KRISHAN Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The point for determination in this petition under Articles 226 and 227 of the Constitution of India turns on the construction of sub-section (2) of Section 7-A of the Pepsu Tenancy and Agricultural Lands Act (hereinafter called the Act) and the explanation thereto.

(2.) Ramzani, the second respondent and his brother Mohammadi had been in cultivating possession of land measuring 40 bighas and 19 biswas in Malerkotla as tenants-at-will. The possession of Mohammadi and Ramzani as tenants was reflected in Jamabandi for the year 1925-26. In the Jamabandi of 1944-45, the two brothers were shown to have been in possession of their specific shares of land. The petitioner Daya Krishan purchased 19 bighas and 6 biswas out of the land which had been in joint cultivation of the brothers according to the Jamabandi of 1925-26 and it is his case that the second respondent Ramzani, to whose share it fell came to occupy it in 1953 and was not in possession of it for a period of 12 years prior to 1953.

(3.) There is no doubt that Mohammadi was shown to be in possession of the land comprised in the area which was sold to the petitioner Dr. Daya Krishan. Ramzani applied under Section 22 of the Act for acquisition of proprietary rights by virtue of his having been a tenant for a period of 12 years under the Act. The Prescribed Authority and the Collector granted this application for the entire holding except the area which had been sold to the petitioner. The Financial Commissioner in revision, however, on 19th of March, 1964, allowed the petition of the second respondent and granted him proprietary rights in respect of the entire area. The petitioner feeling aggrieved has sought the intervention of this Court in writ proceedings.