SANTOKH SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This judgment will dispose of L.P. As. Nos. 216 and 313 of 1974.

(2.) In L.P.A. No. 216 of 1974, Santokh Singh appellant was originally a tenant under Raja Baldev Singh. The landowner gifted 25 standard acres 8 units of land vide mutations Nos. 141 and 142 dated October 28, 1958, in favour of Sanjogta Devi, respondent No. 5 - the pre-deceased widow of his son Nardev Chand and the remaining land to his son Barjesh Chander. The appellant made an application against respondent No. 5 for purchase of the aforementioned land under Section 18 of the Punjab Security of Lands Tenures Act, 1953 (hereinafter called the Act), before respondent No. 4 - the Assistant Collector Ist Grade, Dasuya, on March 12, 1965. The latter decided this application in favour of the Santokh Singh appellant to purchase the land comprising his tenancy for a sum of Rs. 1636.71.

(3.) Respondent No. 5 went in appeal before the Collector, Hoshiarpur, respondent No. 3, who allowed the same on April 17, 1967, and remanded the case to the Assistant Collector Ist Grade, Dasuya, for giving a finding whether the land in dispute had been allotted to Santokh Singh appellant in lieu of the land in his possession prior to the consolidation of holdings. After remand, the Assistant Collector Ist Grade, Dasuya, vide his order Annexure 'C' dated may 30, 1968, dismissed the application filed by the appellant on the ground that respondent No. 5 had become owner of the land in Kharif 1960 and since the application for purchase of the land had been made on March 12, 1965, the appellant not having completed six years' period of tenancy under respondent No. 5, was not entitled to purchase this land. This view was affirmed by the Collector in appeal vide his order Annexure 'D' dated December 27, 1968, and in revision vide order Annexure 'E' dated December 20, 1969, passed by the Commissioner, Jullundur Division. The revision taken before the Financial Commissioner, Punjab Chandigarh, respondent No. 1, was also dismissed vide his order Annexure 'F' dated November 19, 1971.