SHRIPAL AND ROSHAN LAL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Both the appellants, whop are brothers partitioned their agricultural land and mutation No. 1210 was sanctioned by the revenue authorities about it in the year 1948. After that Shripal appellant gifted some land out of his holding in favour of his wife. Application of respondent Nos. 3 to 5, the heirs of Mam Chand tenant on 16 bighas and 4 Biswas of land of the appellants, for purchase of the land under Section 18 of the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act), was allowed by the revenue authorities. The appeals and revision of the appellants against this purchase by the respondent Nos. 3 to 5 were rejected upto the Financial Commissioner, Haryana. The order of the Financial Commissioner was challenged vide two separate writ petition Nos. 836 and 985 of 1973 by the appellants which were dismissed by M.R. Sharma, J., by one judgment. Two Letters Patent Appeals Nos. 552 and 553 of 1973 have now filed against the decision of the learned Single Judge. As common question of law and fact between the same parties is involved both the letters patent appeals shall be decided by one judgment.

(2.) The appellants have land at two places, that is, Hissar and Hansi. The respondents had acquired the land under Section 18 of the Act which is situated at Hissar. According to Shri Harbans Lal Sarin, learned counsel for the appellants, the land at Hansi which was transferred by Shripal in favour of his wife should have been ignored from consideration by the revenue authorities by virtue of Section 6 of the Act. Section 6 of the Act is as follows :-

(3.) Mr. Sarin, counsel for the appellants, was not permitted to raise a point by the learned Single Judge that the land of Shripal had not been declared surplus and till it was so done, the application of the tenants under Section 18 of the Act could not be allowed. This was not allowed on the ground that nowhere before the revenue authorities this point was taken on behalf of the appellants. We also do not feel inclined to allow this argument to be raised at this late stage.