NATHA RAM Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner impugns an order, dated the 19th September, 1964 (Annexure 'C') of the Financial Commissioner, Punjab, by which he accepted the landowner's revision petition and dismissed Natha Ram petitioner's application under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as 'the Act') for acquiring proprietary rights in the agricultural land.

(2.) The material facts admitted by both the parties before me are as follows : Natha Ram made a petition under Section 22 of the Act for acquiring proprietary rights in the land in dispute, measuring 9 Bighas and 9 Biswas, situate in the revenue estate of village Niaz Alipur, against the landowner, Udhey Bhan, Respondent 2, on the ground that the applicant or his father were in continuous possession of this land as tenants for a period of 12 years preceding the 18th November, 1953, the date on which the President's Act, i.e., Pepsu Tenancy and Agricultural Lands Act, 1953 (Act No. 8 of 1953), came into force. The application was accepted by the Assistant Collector First Grade by his order, dated the 12th February, 1963, who held that though in the Khasra Girdawari relating of Kharif 1947, and the periods, 1948-49, 1949-50, the land was shown to be in the occupation of other persons as tenants, these entries were incorrect because, in fact, the applicant was in cultivating possession of the land throughout since 1999 BK. (corresponding to 1943 A.D).

(3.) The first contention of Mr. P.S. Daulta, learned Counsel for the petitioner, is that the learned Financial Commissioner has, in setting aside the Collector, exercised jurisdiction which did not vest in him, inasmuch as he held that during Kharif 1947 and the years 1948-49 and 1949-50, Natha petitioner or his father was only a sub-tenant and, as such, not eligible for acquiring proprietary rights under Section 22 of the Act.