BABOO RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS letters Patent appeal which is directed against the judgment and order dated November 20, 1969, of Honble Bhat J. dismissing the writ petition No. 263 of 1969 filed by the petitioner challenging the order dated February 26, 1967, of the Financial Commissioner, has been referred to Full Bench by a division bench of this Court, as it raised important questions relating to the extent of revisional powers of the Financial Commissioner under section 86 of the Jammu and Kashmir Tenancy Act read with section 16 of the Land Revenue Act, 1996, and the manner of the relinquishment of a tenancy by a tenant other than a fixed term tenant. For a proper appreciation of the questions involved in this appeal, it is necessary to give a resume of the facts which have led to this appeal.

(2.) THE appellant who is a proprietor of land measuring 51 Kanals and 3 Marlas comprised in Khasra Nos. 696, 699, 970, 971, 972, 974, 982, 983, 984, 985, 986, 988 and 989 situate in village Bamnal, Tehsil Ranbirsinghpura, filed on November 7, 1963 an application before the Collector, Jammu, under Section 46 of the Tenancy Act for ejectment of respondent Nos. 2 to 4 alleging inter alia that respondent No. 2 who was initially a protected tenant surrendered his protected tenancy rights by an oral notice and entered into a fresh agreement with him for cultivation of the land as a tenant -at -will along with res ­pondents 3 and 4.

(3.) THE application was resisted by the said respondents averring inter alia that respondent No. 2 being the karta of the joint hindu family of which respondent Nos. 3 and 4 were coparceners, had been in continuous cultivating possession of the land as a protected tenant in his capacity as katra of the joint hindu family. The plea of the appellant that there was a surrender of the protected tenancy rights by respondent No. 2 and a fresh agreement between him and respondents Nos. 2 to 4 for cultivation of the land was also denied by the respon ­dents.