DHALOO RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) To appreciate the questions of law involved in these two writ petitions, it is necessary to notice the facts in detail.

(2.) Dhaloo Ram, petitioner, in Civil Writ Petition No. 2983 of 1979 is the landowner, whereas, Dewan Chand, petitioner, in Civil Writ Petition No. 4636 of 1980 is the tenant. He is related to petitioner Dhaloo Ram being his grand-son. On the enforcement of the Punjab Security of Land Tenures Act, 1953 (hereinafter called 'the Act') an area measuring 82.49 standard acres was being held by Dhaloo Ram petitioner as an owner. On 13.10.1953 Dhaloo Ram petitioner made reservation which, of course, was not accepted and instead of giving 50 standard acres, petitioner Dhaloo Ram being the displaced person, only 100 ordinary acres was given to him vide order Annexure P. 2 dated 15.9.1961. An appeal was preferred against order Annexure P.2 and the case was remanded by the Commissioner vide his order dated 12.9.1962. After the remand, the Collector vide order Annexure P.3 dated 7.10.1963 again held that the landowner was entitled to 100 ordinary acres as declared and area of 77.04 ordinary acres as surplus. However, in this order Annexure P.3, the petitioner land-owner was given the benefits of tenants' permissible area. Aggrieved against the order Annexure P.3, the petitioner land-owner Dhaloo Ram filed an appeal which was accepted by the Additional Commissioner, on 2.3.1964 vide Annexure P.4 to the extent that the petitioner land-owner was given the benefit of that area which was cancelled. The petitioner land-owner feeling aggrieved against the order dated 2.3.1964 filed a revision petition before the Financial Commissioner which was dismissed on 23.1.1965 vide Annexure P.5. While dismissing the revision petition, the Financial Commissioner, Planning Punjab, by virtue of this order gave Dhaloo Ram petitioner an opportunity of selection. However the right of selection was made subject to protecting the rights of bona fide transverse. Dhaloo Ram petitioner feeling aggrieved against the order of the Financial Commissioner preferred Civil Writ Petition No. 686 of 1965 which was allowed by this Court in view of the dictum of law laid down in Khan Chand v. State of Punjab, 1966 68 PunLR 543. It was held by this Court vide Annexure P.6 that the petitioner was entitled to 50 standing acres of land.

(3.) At this stage, a few facts concerning the tenant may be noticed. One Wazir Chand was a tenant on a part of the land of Dhaloo Ram. He left his tenancy rights and gave the same to Dewan Chand. Not only that Dewan Chand by filing an application invited an order under Section 18 of the Act in his favour for purchasing an area measuring 110 Kanals 17 Marlas of land. This order was passed on 19.2.1968 by the Assistant Collector and is attached along with the petition as Annexue P.7. Thereafter the Collector vide this order dated 26.8.1969 Annexure P.8 held that petitioner Dhaloo Ram had no surplus area because he had only 46.22 standard acres of land left with him after he was given the benefit of tenants permissible area and after Dewan Chand the so-called tenant was allowed to purchase the cultivating benefits of the cancelled area.