SURAIN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned orders dated 24.05.2000 (Annexure P-26), 05.05.2003 (Annexure P-27), 29.03.2004 (Annexure P-28)03.03.2011 (Annexure P-30) passed by the authorities below, whereby the application of the respondent(s)-landowners filed under Sec. 9 by taking the aid of Sec. 14-A of the Punjab Security of Land Tenures Act, 1953 (for short 'the 1953 Act') has been allowed, in essence, the petitioner has been ordered to be ejected.

(2.) Mr. Prem Nath Aggarwal, learned counsel appearing on behalf of the petitioner-tenat submits that originally Shriniwas was the owner of the land and the total land measuring 35 kanals 12 marals was in occupation of Ram Singh being tenant since 1952, who unfortunately died in 1973. Surain Singh is the son of Ram Singh, who died in 1977 and the property devolved upon his wife widow Puran Devi and his son Harbinder Kumar. In

(3.) Ms. Anupam Sharma, learned counsel appearing on behalf of the respondent Nos.5 to 14 submits that the authorities below have rightly formed an opinion. This Court while exercising the powers under Art. 226 of the Constitution of India cannot reappreciate and reexamine as it was within the domain of authorities to ponder upon the issue which has been done so in extenso. It was an intentional act of the petitioner for rendering the land measuring 3 kanals 12 marlas as uncultivable which, as per provisions under Sec. 9(v) of the 1953 Act, is one of the grounds for ejectment, thus, urges this Court for affirming the orders under challenge by dismissing the writ petition with exemplary cost.