BELI RAM Vs. CHAIRMAN, SPECIAL TRIBUNAL

JUDGEMENT

(1.) THE only question involves in this petition challenging the order of the Special Tribunal dated 31.10.94 is whether Beli Ram was the tenant or an unauthorised occupant of the land measuring 34 kanals and 2 marlas comprising kh.no.90 -min, 11 -min, 12 -min, 17 -min and 2 -min of khewat No.30 situate in village Sair Mangala Tehsil Ramnagar. This question has arisen because the Tehsildar Ramnagar by his order dated 15.07.83 allowed the application filed u/s 19/27of the Agrarian Reforms Act, 1976 (for short Agrarian Act) filed by the landlord and directed eviction of the petitioner on the ground that his possession became unauthorised after kharif 1966 when three years period of fixed term tenancy fixed by an agreement executed between him and the owner Ganga Ram in March 1964 expired. This finding was returned notwithstanding the fact that the petitioner was in occupation in kharif 1971. This order was challenged by the petitioner before the Joint Commissioner, Agrarian Reforms, but he also dismissed the appeal and confirmed the order of the Tehsildar.

(2.) THE petitioner approaches the Special Tribunal by filing the revision u/s 21 of the Agrarian Act which the latter dismissed on 31.10.94. All these orders have been challenged by the petitioner mainly on the grounds that the official respondents right from the Tehsildar to the Member of Special Tribunal failed to apply the law on the admitted facts of the case. The contention of Mr.Gupta is that the Tehsildar hs no jurisdiction to entertain the application u/s 19 of the Agrarian Reforms Act because he is not a collector and an application u/s 19(3) (d) of the Agrarian Reforms Act could be decided only by the Collector appointed under the Act. He next argued that the petitioner had been recorded as protected tenant of the land vide order dated 17.05.79 and, therefore, was a prospective owner under the Act. This aspect of the case according to him was ignored by the appellate authority while dismissing the appeal and the Special Tribunal also fell in error while rejecting the revision. Mr.Bhat, appearing for the private respondents submitted that the petitioner was let in possession of the land in question only for a period of three years on payment of the 1/3rd of the produced. This period of three years having been expired in 1966, his continued occupation of the land was unauthorised and, therefore, The Tehsildar was right in directing his eviction which order has been rightly upheld by the appellate and revisional authorities.

(3.) THE admitted factual position is that the petitioner was let in possession of the dispute land in the year 1964 for a period of three years by the owner Ganga Ram. The period of three years both according to the Tehsildar as well as Joint Commissioner Agrarian Reforms expired in kharif 1966. The petitioner admittedly continued possession of the land during the lifetime of the landlord Ganga Ram who never initiated any action to evict him. There is no plea that he is not paying the rent i.e. share of the produces to the landlord from 1966 to kharif 1971. It is also not disputed that by order dated 17.05.79, the petitioner was declared protected tenant of the land. The Tehsildar and the joint Agrarian Reforms Commissioner have concurrently found that since the fixed term of tenancy created by the landlord vide agreement dated March 10, 1964 came to an end in kharif 1966, therefore, he became unauthorised occupant. In terms of this agreement as noted by the Joint Commissioner, Agrarian Reforms, the petitioner was to pay 20 pais wheat, 10 paise maized and 40 paise paddy "pais a local measure equivalent to about 3 kg" as rent(Lagaan).Since he was not evicted, therefore, as long as he would remain in possession, the petitioner was liable to pay rent at this rate.However, attention of neither of these revenue officers including the Special Tribunal was invited to section 15 -(A) of the Tenancy Act which was substituted by Act No.XII of 1955 by substituting 1965 for 1955. This section reads as under: -