GIRDHARI Vs. SHIVALA BHUT NATH

JUDGEMENT

(1.) In the present reference, the above mentioned two cases have been reported by the Commissioner, Jalandhar Division, Jalandhar Shri R.P.S. Pawar, IAS, under Section 24 of the Punjab Security of Land Tenures Act, 1953 read with Section 84 of the Punjab Tenancy Act, 1887, with his opinion that order of the Collector, Gurdaspur dated 14.10.1991 (in both the cases) as well as the order of A.C.I., Gurdaspur dated 12.9.1990 (in both the cases) be set aside by accepting the present revision petitions, as per his reference dated 12.10.1993.

(2.) IN brief, the facts are that in the case of Girdhari Lal, Shivala Bhut Nath, village Awankha had made an application in form 'L' through Sh. Ram Saran Dass and Mohtmim, on 5.5.1988, seeking ejectment of Girdhari Lal as tenant from the land measuring 37 K-4 M, situate at village Kohlian, Tehsil and District Gurdaspur, on the ground that the tenant Girdhari Lal had failed to pay rent for the said land without sufficient cause, and had not paid the rent for the crops from Kharif 1986 to Rabi 1988, despite repeated demands from him.

(3.) SINCE the learned Commissioner has made a joint reference for both these cases, so the present order will dispose of both the revision petitions, because the issue involved in both these cases is the same. The A.C.I., Gurdaspur, after initiating the necessary action had recorded evidence led by the parties, in both the cases. In the case of Girdhari Lal, the applicant Ram Saran Dass as Mohtmim of Shivala Bhut Nath and Mandir Thakurdwara, Taragarhi Gate had appeared as his own witness as AW-I, and had closed the evidence after submitting other documents. Shri Girdhari Lal, as the respondent, made his own statement as RW-I, that of Gian Chand as RW-II and that of Nirmal Singh, Sarpanch of village Kohlian, as RW-III, and closed the evidence.