RADHA KISHAN Vs. RULIA

JUDGEMENT

(1.) THE present revision petition has been moved under Section 24 of the Punjab Security of Land Tenures Act read with Section 84 of Punjab Tenancy Act for ejectment of respondent from 40 kanals of land in village Bajina. The present petitioners filed an execution petition for ejectment in the court of Assistant Collector Ist Grade, Bhiwani who dismissed the ejectment petition vide his order dated 14.4.1990. Against this order petitioner filed an appeal in the Court of the Collector, Bhiwani who vide his order dated 19.2.1991 dismissed it. Aggrieved from this order an appeal was preferred in the Court of Commissioner, who also vide his order dated 28.11.1991 dismissed the appeal. Now this revision petition has been moved in this court against the order dated 28.11.1991 passed by the Commissioner, Hisar Division, Hisar.

(2.) FACTS in brief of this case are that petitioner moved an application in form-K for ejectment of respondents in the court of Assistant Collector, Ist Grade, Bhiwani, who after hearing all the parties and going through the record vide his order dated 31.7.1974 ordered ejectment the tenant and also held that the ejectment should not be effected till the respondents are allotted land from surplus pool. The partition proceedings so started were challenged in the civil court. Additional District and Session Judge vide his order dated 17.10.1981 declared the partition proceedings as illegal. Aggrieved by this order of Assistant Collector, Ist Grade, Bhiwani an appeal was moved in the court of Collector, Bhiwani who vide his order dated 21.1.1990 remanded the case to Assistant Collector, Ist Grade for a fresh decision after hearing all the parties. In view of the direction of Ld. Collector, Bhiwani the Assistant Collector, Ist Grade heard all the parties and after perusal of record vide his order dated 14.9.1990 held that till the tenant is not allotted land from surplus pool petitioners are not allowed to eject tenants. Appeal moved against this order in the court of Collector was dismissed vide order dated 19.1.1991. Against this order a revision petition was preferred in the Court of Commissioner, Hisar Division, Hisar who vide his order dated 28.11.1991 upheld the decision of Collector and dismissed the appeal. The present revision petition has been filed against these orders in this Court.