BUDH RAM Vs. DERA BHAI BHAGTU JI SAHIB

JUDGEMENT

(1.) This writ petition filed by Budh Ram and others who claim to be tenants of 221 Kanals 10 Marlas of land situate in village Chand Bhan, Tehsil Faridkot, District Bhatinda, is directed against the order of the Financial Commissioner, Revenue, Punjab, passed on 24th December, 1968, whereby he confirmed the order of the Commissioner, Patiala Division, and reversed that of the Collector passed on 27th April, 1967. In order to appreciate the points involved in this case, a few facts may be stated hereunder.

(2.) There is a Dera known as Dera Bhai Bhagtu Sahib which, according to the petitioners, is located in village Bhaktuana alias Ramgarh, and large areas of lands situate in different villages are attached to that Dera. It is alleged that the petitioners took 221 Kanals 10 Marlas of land situate in village Chand Bhan on lease from Sant Ram Udasi Sadhu who was admittedly Mahant and Mohtmim of the Dera. The exact date of lease is not available nor has any lease-deed been produced on the record of this case, though, according to the petitioners, the lease was granted much before the year 1960. Sant Ram had notices issued to the petitioners under Section 45 of the Punjab Tenancy Act, 1887 (hereinafter called the Act), through the revenue officer concerned as he wanted to eject the petitioners. The petitioners instituted a suit to contest their liability to be ejected but the same was dismissed. Sant Ram then filed an application for execution of the order of ejectment. This application was made on 30th August, 1960, before the Assistant Collector, 1st Grade, Faridkot, who by his order dated 12th December, 1966, directed the ejectment of the petitioners.

(3.) The petitioners then preferred an appeal to the Collector, Bhatinda. He was of the opinion that the petitioners could not be ejected except on the grounds referred to in Sections 7 and 7-A of the Pepsu Tenancy and Agricultural Lands Act, 1955 and that it was necessary for the Assistant Collector to enquire as to whether those grounds existed or not. There are some observations made with regard to the notices issued under Section 45 of the Act as well and the case was remanded on 22nd March, 1961.