JAGAT SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) There is one matter on which no finding has been given by the Courts below, namely, whether after the order of allotment in favour of the appellant and before 1953, any order besides the order of allotment was passed by the Custodian's department ? On the determination of this question will depend the question whether the Security of Land Tenures Act applies or not. 'Land' is defined in Section 2 (d) of the East Punjab Displaced Persons Land Re-settlement Act, 1949 and includes 'any right of occupancy'. Clause (f) of the same Section defines a 'present holder' as a person who is in occupation of the land allotted or leased to an allottee or lessee as the case may be. Section 2(6) of the Security of Land Tenures Act defines a tenant as having the same meaning as assigned to in the Punjab Tenancy Act and includes a sub-tenant and a self-cultivating lessee; but does not include a present holder, as defined in Section 2 of the Re-settlement Act. Therefore, the allottee of occupancy rights would not be a tenant within the meaning of the Punjab Security of Land Tenures Act, unless in between the date of allotment and the coming into force of the 1958 amendment, something more has happened, If, at the relevant date, that is, at the date of the ejectment order, the appellant was merely holding as an allottee of the Custodian, the appellant is bound to succeed because the ejectment proceedings under the Punjab Security of Land Tenures Act would be wholly without jurisdiction, as that Act could not apply to an allottee of the Custodian.

(2.) In these circumstances, I direct that this case should go back to the trial Court to determine whether after the order of allotment in favour of the appellant, there is any other order by the Custodian's department or by the Rehabilitation Department, in any manner, affecting the allotment in favour of the appellant. If there is no order after the initial order, the matter will get concluded. The parties are directed to appear in the trial Court on 20th June, 1966; and the trial Court is to permit the parties to lead such evidence, as they want, on the disputed question and should remit its report to this Court within three months from the date the parties appear before it. The appeal is to be fixed for hearing after the report has been received from the trial Court. The costs of the report will be costs in the cause.