BHAG SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, for quashing the order of the Financial Commissioner dated February 23, 1967.

(2.) Briefly, the facts of the case are that respondent No. 4 to 10 are the owners of the land in dispute and they mortgaged it to Smt. Bachan Kaur, respondent No. 11, the petitioners took it on lease from her. Subsequently, he filed a petition under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter to be referred as the Act) for acquisition of its proprietary rights. The application was opposed by respondents Nos. 4 to 10, who inter alia pleaded that the petitioner had no right to purchase the land from them as he was a tenant under respondent No. 11, the mortgagee. The Assistant Collector 1st Grade dismissed the application, holding that the petitioners had no right to purchase the land from respondent Nos. 4 to 10, as they were not tenants under them. They went up in appeal before the Collector, Patiala, who affirmed the judgment of the Assistant Collector. Then they filed a revision petition before the Financial Commissioner, who dismissed the same. They have now filed writ petition against the order of the Financial Commissioner, in this Court.

(3.) The only question that arises for determination is, whether the petitioners are entitled to purchase the property. Sub-section (1) of Section 22 of the Act says that subject to the other provisions contained in this Act, a tenant shall be entitled to acquire from his landowner in respect of the land comprising his tenancy the right, title and interest of the landowner in such land in the manner and subject to the conditions hereinafter provided. Sub-section (2) lays down the procedure for filing the application for purchase of land. Section 2(f) defines the term 'landowner'. By this definition, the definition of the term as contained in Punjab Land Revenue Act, 1887 has been adopted. An explanation has been added to the definition, which says that in respect of land mortgaged with possession, the mortgagee shall be deemed to be the landowner.