DARSHAN LAL MALHOTRA Vs. KARTAR SINGH

JUDGEMENT

(1.) The present is purported to be a revision petition, under Section 24 of the Punjab Security of Land Tenures Act, 1953, read with Section 84 of the Punjab Tenancy Act, 1887, against the order of the Commissioner, Jalandhar Division, Jalandhar dated 27.9.1991.

(2.) THE brief facts of this case are that, Kartar Singh son of Gurdit Singh applied to the AC Ist, Batala on 30.1.1987, in form 'L', under Section 14- A(i) of the Punjab Security of Land Tenures Act, 1953, for the ejectment of Darshan Lal Malhotra-respondent, resident of Chakri Bazar, Batala, District Gurdaspur, from the land measuring 14K-4M, situate at village Bahadur Hussain, Tehsil Batala, on the grounds that the respondent-Darshan Lal had failed to pay rent for the last more than 5 years continuously without sufficient cause, and hence, he was liable to be ejected from the land in dispute. As revealed from the record, the applicant-Kartar Singh had executed an agreement for giving this land on lease, for a period of 10 years, from the year 1972 onwards, for setting up of brick-kiln over the said land; and in the revenue record the disputed land has been shown as 'Gair Mumkin Bhatta', till date. The A.C. Ist, Batala, as per his order dated 24.5.1989, ordered the ejectment of Darshan Lal by concluding that he had not paid the rent since 1982, without any sufficient cause and the relationship of landlord and tenant existed between the parties. Against this order, Darshan Lal filed the appeal before the District Collector, Gurdaspur, which was also rejected as per Collector's order dated 12.9.1989. In his order, the learned Collector observed that the land in dispute, is a ''land'' and the revenue court/revenue officer has jurisdiction to entertain such application. The Collector further expressed that a relationship of landlord and tenant existed between the parties, in view of the entries in the revenue record. Aggrieved by this order, Darshan lal filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar, which was rejected, as per Commissioner (Appeals) order dated 27.9.1991, in which he observed ''I support the view that land in dispute was very much agricultural land and revenue officer was competent to pass ejectment order. Secondly, the petitioner was a defaulter in payment of rent. In result I do not find any reason to interfere with the order of the learned Collector and that of the learned Assistant Collector, Ist Grade.'' Still aggrieved by this order, the present revision petition has been filed by Darshan Lal on the grounds stated in the petition dated 8.1.1992.

(3.) APPARENTLY , in view of the entries in the revenue record, relationship of 'landlord' and 'tenant' between the respondent and the petitioner respectively, seems to be existing, technically; but, as the disputed land is not covered in the definition of ''land'', so the owner of the land viz. Kartar Singh, does not acquire the status of a ''landlord'' and cannot take advantage of the provisions of the Punjab Security of Land Tenures Act, 1953. The entry in the revenue record, in respect of the said land, is still being recorded as 'Gair Mumkin Bhatta'', which implies that the land in dispute is still under the same use for which it was originally 'let'. Going by the facts of this case, and the nature of the contract-agreement entered between the parties, it is a clear cut case of the 'lessor'' and the ''lessee'', as defined under the Transfer of Property Act, 1882, and it is not a case of 'landlord' and 'tenant' as defined in the Punjab Tenancy Act, 1887.