SHIV RAM Vs. LAL CHAND

JUDGEMENT

(1.) THIS is a defendantâ„¢s revenue second appeal and arises out of a suit instituted by one Lal Chand against Shiv Ram and others for declaration, that the sale of occupancy right in land made by occupancy tenants in favour of Shiv Ram vendee was void and for ejectment of defendant No.1 from the land in dispute. The plaintiffs suit was dismissed by the Settlement Officer on 29th August, 1961. The plaintiff appealed and a Single Judge of this Court allowed the appeal and decreed the plaintiffs suit. The defendant has now come up in appeal to this Court.

(2.) THE only point canvassed before us on behalf of the defendant is that under section 66 of the Tenancy Act there is no provision for passing a decree for ejectment against transferee and the lower appellate Court had erred in decreeing the claim of the plaintiff for ejectment against defendant No. 1 from the suit land. It is common ground between the parties that the sale was of occupancy holding measuring 19 Kanals and 6 Sirsais in survey Nos. 159 and 432/169 with 1/3 of the building standing thereon for a consideration of Rs. 1000 in favour of Shiv Ram defendant by means of a sale deed dated 23rd April, 1958. It is not disputed that the mandatory provisions of section 60 of the Tenancy Act were not complied with, before the sale was effected by occupancy tenants in favour of Shiv Ram, defendant No.1. Lal Chand one of the landlords filed a suit to avoid the sale on the ground that the provisions of section 60 of the Tenancy Act were not complied with and sought ejectment of the transferee defendant No.1. The question for consideration is whether or not the plaintiff was entitled to a decree for ejectment against defendant No.1 The learned counsel for the appellant has argued that under section 66 the sale of occupancy holding can be avoided on the ground of non -compliance of the provisions of section 60 of the Tenancy Act but there was no provision in section 66 for making a decree for ejectment against a transferee. Section 66 of Tenancy Act reads as under: -