JAI LAL Vs. GAUSHALA ASSOCIATION BHIWANI

JUDGEMENT

(1.) This is a reference by the Commissioner, Ambala Division, dated the 12th April, 1967, recommending revision of the order of the Collector, Hissar, dated the 30th August, 1965, and of the Assistant Collector, Ist Grade, Hissar, dated the 15th June, 1965, rejecting the petitioner's application, under Section 18, for the acquision of proprietary rights in the land in suit. The respondent-landowner applied for his ejectment under Section 9(1)(i) read with Section 14-A, of the Punjab Security of Land Tenures Act. Later, the tenant filed his application under Section 18. The Assistant Collector came to the conclusion that the tenant had failed to pay rent regularly without sufficient cause, and, therefore, ordered his ejectment. He was accordingly evicted. It is not clear whether the petitioner appealed against that order and, if so, with what result. The learned Commissioner has suggested intervention on the ground of the eligibility of the tenant to proceed under Section 18. Inspite of it, the fact remains that the tenant failed to pay rent regularly and was, therefore, ejected. Having been ejected, he cannot claim the benefit of Section 18. His application under that section being of subsequent date, also suggests that it was a counterblast against the move of the landowner. In these circumstances, I do not think that there are justifiable grounds for my intervention. The reference is, therefore, filed. To be communicated.