CHINTI Vs. TARLOK CHAND

JUDGEMENT

(1.) In this appeal by the tenant against the order of the learned District Judge, Mahasu, dismissing her appeal against the order of the Compensation Officer the only point that falls for determination is whether the relationship of landlord and tenant comes to an end as soon as the decree for ejectment is passed against the tenant in favour of the landlord by the Assistant Collector for non-payment of the arrears of rent.

(2.) The respondents are owners of the land comprised in Khasra Nos. 70, 102 106 and 107, situate in village Khalini, Tahsil Kasumpti, District Mahasu. This land was under the tenancy of Smt. Chinti and her son. The tenant had fallen in arrears of rent amounting to Rs. 600/- and, therefore, the land-owners filed a suit against Smt. Chinti and her son Parma Nand on 1st October, 1963 claiming the arrears of rent and for their ejectment. When this suit was pending in the Court of the Assistant Collector, First Grade, Mahasu, the tenant made an application on 4th April, 1967 under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act (hereinafter referred to as the Act) for acquisition of the proprietary rights of the land. The landowners opposed the application on the grounds that the applicant was in arrears of huge amount of rent and they had filed a suit in the Revenue Court for ejectment and also to recover the arrears of rent and that the suit was likely to be decreed. Further that some of the landowners were minors and they have no other means of livelihood and they were entitled to the benefit of Sub-section (2) of Section 11 of the Act. It was also contended that the latest revenue entry did not disclose that Smt. Chinti was a tenant under them and as such she was not entitled to file the application lor acquisition of proprietary rights.

(3.) During the pendency of the application under Section 11 of the Act, the Assistant Collector, First Grade, Kasumpti, passed a decree for ejectment against Smt. Chinti and Parma Nand on 30th December, 1967. After the passing of this decree for ejectment of the tenant from the land, the landowners made an application before the Compensation Officer to the effect that in view of the decree for ejectment an additional issue was necessary as to what would be the effect of the ejectment decree on the application of Smt. Chinti made under Section 11 of the Act. The Compensation Officer framed the additional issue as follows :--