PERA RAM Vs. THE FINANCIAL COMMISSIONER AND OTHERS

JUDGEMENT

(1.) FIVE petitions, Civil Writs Nos. 18, 19 and 53 of 1963 and Civil Writs Nos. 2767 and 2768 of 1964 are being disposed of by one judgment as they involve an identical question of law raised between different tenants in the five petitions and the common land -owner who is Raj Kanta.

(2.) THE undisputed facts in the first set of petitions are somewhat different from the second but the identity of the common question would become apparent as these are narrated. Pera Ram, Ganga Ram and Bhago, all three of whom are tenants, separately applied on 4th of September, 1961, under section 18 of the Punjab Security of Land Tenures Act, (hereinafter called the Act) for purchase of the lands belonging to the land -owner Raj Kanta, having been held by them for more than six years. These applications were accepted by the Assistant Collector 1st Grade, Fazilka, on 31st of October, 1961, and each of the three petitioners deposited the first installments amounting to Rs. 1722.15, Rs. 1243.35 and Rs. 2306.40 respectively the first two on 8th of November, 1961, and Bhago on 10th of November, 1961. The landowner in each case filed an appeal which was allowed by the Collector on 10th of January, 1962. All the three tenants filed further revision petitions before the Commissioner of Jullundur Division, who issued a stay order of eviction on 30th of March, 1962, but later rejected the petitions on 31st of May, 1962. The landowner did not rest content there and actually applied for ejectment of these three tenants on 6th of March, 1962, the ground in each case being that the rent for Kharif 1961 amounting in the first two cases to Rs. 350/ - and in Bhago's case to Rs. 500/ - had not been paid without sufficient cause. The Assistant Collector on 2nd of April, 1962, dismissed these three applications" but the Collector by three separate orders passed on 31st of May, 1962, allowed the appeals of the landowner and passed orders for the ejectment of the tenants. The tenants' further appeals before the Commissioner were dismissed on 5th of November, 1962. The Financial Commissioner also upheld the ejectment orders on 21st of December, 1962 in the petitions for revision filed before him. The tenants, Pera Ram, Ganga Ram and Bhago have filed Civil Writ petitions Nos. 18, 19 and 53 of 1963, respectively, to challenge the orders of the Financial Commissioner, on the ground that the orders of ejectment have been passed without jurisdiction as the authorities could not pass these s under the provisions of the Punjab Security of Land Tenures Act.

(3.) IT would now be observed that the common question which falls for determination in petitions Nos. 18, 19 and 53 of 1963, as also in petition No. 2767 of 1964, which out of the other set survives for decision, is whether an order for ejectment can be passed in respect of lands for which no rent has been paid for Kharif 1961? It is common ground that the ejectment was sought and granted only for non -payment of rent in respect of Kharif 1961.