HARPHOOL SINGH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

JUDGEMENT

(1.) PETITIONERS have challenged the orders passed in favour of Dalip Singh and Surjit Singh (respondents 5 and 6) by the Revenue Authorities whereunder the respondents were granted proprietary rights over lands which they were possessing as tenants. This was done under the provisions of Section 22 of the Pepsu Tenancy & Agricultural Act, 1955 (hereinafter referred to as the Act) on the basis of the respondents' application decided on May 4, 1967, by Assistant Collector Ist Grade (Annexure P-15).

(2.) THE land in dispute is 177 Kanals (approximately 22 acres) situated in Narainpura alias Chaurwala, Tehsil Sirhind, District Patiala (now Fatehgarh Sahib). In the application filed in form VI under Rule 14 Dalip Singh and Surjit Singh applied to the Collector Agrarian (Prescribed Authority) pleading that they were tenants under Section 20 of the Act and wished to acquire proprietary rights in the land comprising of the tenancy. Particulars of the land were given in the enclosed table. Documents in proof of title that they were tenants, as defined in Section 20 of the Act, were also attached. Particulars of the land were enclosed. Lastly, the applicants prayed that compensation payable by them may be determined. The names of the landowner was mentioned as Raghbir Kaur wife of Jaswant Singh and Kamaljit Kaur wife of Joginder Singh.

(3.) SECTION 22 of the Act entitles a tenant to acquire from his landowners, the landowners' right, title and interest in the land comprising his tenancy. The tenant is required to file an application in writing before the Prescribed Authority containing particulars, details of the area and location of the land, the name of the landowner etc. The application is required to be in form VI of Rule 14 of the Pepsu Tenancy and Agricultural Rules, 1958 (hereinafter referred to as the Rules).