MEHMA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) In pursuance to the order dated 09.02.2017, costs of Rs. 2,000.00 has been deposited in the Institute of Blind, Sector 26, Chandigarh. Copy of the receipt has been given to the Court which is taken on record. The same be tagged at the end of the paper book.

(2.) The controversy raised in the present writ petition involving question of fact and law is whether after dismissal of the proceedings initiated under Sec. 14-A of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as "1953 Act"), the landlord can initiate the proceedings under the Punjab Tenancy Act, 1887 (hereinafter referred to as "1887 Act").

(3.) Mr.S.S.Swaich, learned counsel appearing on behalf of the petitioners submits that concededly, in an earlier round of litigation, the respondents have been declared to be owners of the property and the said finding had attained finality upto this Court. He further submits that once the landlord was not successful in the proceedings initiated under the provisions of 1953 Act, he cannot be permitted to take/resort to the provisions of 1887 Act, in view of Sec. 9 of 1953 Act, having overriding effect. The language of Sec. 9 of 1953 Act begins with a non-obstante clause.