MAGHAR SINGH ALIAS SURJEET SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) THE facts of the case in brief are that one Kartar Kaur D/o Smt. Kishni filed an ejectment application on Form K-I before the AC-I on 18.11.93, for ejectment of Maghar Singh etc., tenants on the land in dispute. In her application she mentioned that the was a small landowner and she owned only 60 kanal 17 marlas of land in village Sahuwala, tehsil Sirsa, of which 32 kanal was with respondent-tenants. In reply the respondents said that the applicant landowner has not given information about all her lands and that she is not a small landowner. They further said that they spent about Rs. 2,000 per acre on development of the land in dispute. On the basis of the statement of the halka patwari and the applicant's own statement, the AC-I decided that she was a small landowner and he also ordered the ejectment of the respondent-tenant from the land in dispute on 20.3.95.

(2.) AN appeal against order dated 20.3.95 of the AC-I was filed before the Collector. The Collector vide order dated 4.7.95 remanded the case back to the AC-I with the observation that for proper decision of the case it was necessary to find out how much total land is with the landowner and is she a small landowner. In case the landowner has more land than permissible, necessary action should be first taken under the Haryana Ceiling on Land Holdings Act, 1972.

(3.) AN appeal against the above order was dismissed by the Collector on 31.3.97; further revision petition filed before the Commissioner was remanded back to the AC-I on 13.6.97 holding that the tenants were liable to be ejected but the question which remained was whether they were entitled to allotment of alternate land, as provided under Section 9-A of the Punjab Act. The Commissioner agreed with the findings of the lower courts that the landowner was a small landowner. The present revision petition has been filed against the orders of the Commissioner Hisar Division dated 13.6.97.