INDER PARKASH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Inder Parkash has filed this petition under Articles 226 and 227 of the Constitution of India, challenging the legality of the order dated 5th July, 1965, passed by the Financial Commissioner, Punjab, respondent No. 1.

(2.) Smt. Padma Wati, respondent No. 4, gave the land in dispute on rent to the petitioner. On 30th June, 1962, Smt. Padma Wati obtained an order of ejectment of the petitioner from the Assistant Collector, 1st Grade, Hoshiarpur, and it was maintained by the Collector, Additional Commissioner, Jullundur Division, and the Financial Commissioner. In the meantime, on 28th June, 1962, an application was made by the petitioner for the purchase of this land under Section 18 of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), to the Assistant Collector, 1st Grade, Hoshiarpur, on the ground that he held this land as a tenant for over six years and was still in possession of the same. This application was dismissed by the Assistant Collector on 8th November, 1962. Against this order, the petitioner went in appeal before the Collector but it was dismissed on 5th September, 1963. A revision petition against this order was also rejected by the Additional Commissioner, Jullundur Division, on 9th March, 1964. A further revision to the Financial Commissioner, respondent No. 1, also met the same fate on 5th July, 1965. Against that order, the present writ petition has been filed by the petitioner on the grounds as mentioned in the petition.

(3.) It was contended by the learned counsel for the petitioner that relationship of landlord and tenant did not come to an end merely on the passing of the ejectment order as the petitioner was still in possession of the land and the application for purchase of the land was maintainable. I am unable to accept the contention of the learned counsel in view of three decisions of this Court on this point. The first is of D.K. Mahajan, J. in Hans Raj V. Shrimati Brahmi Devi,1960 PunLJ 71, where it was held :-