GIAN CHAND Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) By this order, we are disposing of two Letters Patent Appeals filed against the order of the learned Single Judge dated 1.6.1993 dismissing Civil Writ Petition Nos. 9572 of 1987 and 4271 of 1986 filed by the appellants.

(2.) Agricultural land measuring 120 kanals 9 marlas situated in Village Darra Khurd, Tehsil Thanesar, District Kurukshetra was leased out by the predecessors of the private respondents Kishan Chand and others to Shri Vasandha Ram (father of the appellants Gian Chand, Des Raj and Has Raj) and another on fixed rent of Rs. 800/- per annum along with 2.1/2 maunds of fruit. On 10.6.1974, the land owners filed an application under Section 9(1)(vii) of the Punjab Security of Land Tenures Act, 1953 (for short the 1953 Act) for directing the tenants to give 1/3rd of the crop to the applicants or to execute the Qabuliyat Nama for Rs. 500/per acre per year under Rule 9 of the Punjab Security of Land Tenures Rules, 1953 (hereinafter referred to as 'the 1953 Rules) in Form 'C appended thereto. That application was contested by the tenants who pleaded that the 'Qabuliyat Nama' cannot be executed on the terms set out by the land owners but they were prepared to execute a Qabuliyat Nama at the agreed fixed rent. After considering the evidence of the parties and the statement made by the counsel appearing for the land owners, the Special Collector ordered the tenants to execute a Qabuliyat Nama in favour of the applicants from Rabi 1974 at 1/3rd Batai within three months from the date of his order. He also ordered that 1/3rd 'Batai' shall be fixed according to Section 9 of the Act read with Rule 9 of the 1953 Rules. After unsuccessfully challenging the order of the Special Collector before the Collector, Kurukshetra, the Divisional Commissioner and the Financial Commissioner, who dismissed the appeal and the revision filed by them. Vasandha Ram and the other tenants filed Civil Writ Petition No. 1205 of 1982 which was dismissed by a Division Bench on 16.3.1982. Paragraph 5 of the order passed by the Division Bench (reported in 1982 P.L.J. 453) reads as under:-

(3.) Petition for Special Leave to Appeal(C) No. 3854 of 1982, Vasandha Ram v. State of Haryana, was also dismissed by the Supreme Court on 14.4.1982.