LAWS(P&H)-2017-7-49

BALWANT SINGH Vs. FINANCIAL COMMISSIONER

Decided On July 31, 2017
BALWANT SINGH Appellant
V/S
FINANCIAL COMMISSIONER Respondents

JUDGEMENT

(1.) Rakesh Kumar Jain, J. (Oral) - These two petitions, bearing CWP-15154 of 2015 titled as Balwant Singh and another v. Financial Commissioner (Appeals) Punjab and others and CWP No. 15155 of 2015 titled as Ananta Singh and others v. Financial Commissioner (Appeals) Punjab and others are being disposed of by this common order because the issue involved in both the cases is the same but for the sake of convenience, the facts are extracted from CWP-15154 of 2015 titled as Balwant Singh and another v. Financial Commissioner (Appeals) Punjab and others.

(2.) The private respondents No. 5 to 7 filed an application in Form "L" under Rule 22 of the Punjab Security of Land Tenures Rules,1956 (for short,'the Rules') and Section 14 (1) (A) of the Punjab Security of Land Tenures Act,1953 (for short,'the Act') before the Assistant Collector 1st Grade, Ajnala, seeking ejectment of the petitioners in respect of the land measuring 4 kanals falling in Khasra No. 24 on the ground of non-payment of arrears of rent in terms of Section 9 (i) (ii) of the Act.

(3.) The case set up by the petitioners before the A.C. 1st Grade, was that the land in dispute was a forest area and they have been in possession whereas the private respondents produced on record jamabandi for the year 1997-98 in which in column No. 9 it is recorded "Batai Nesfi '(Pedawar') which means that the petitioners were paying = of yield 'Pedawar' to the private respondents on account of permissible possession over the land in question.