Amrik Singh vs Daljit Singh

N. Khosla F.C.

The facts of the case, briefly, are that Daljit Singh respondent had filed an application in form `K'' under section (9)(1)(i) of the Punjab Security of Land Tenures Act, 1953 seeking petitioner's ejectment from some agricultural land on the ground that he was a small landowner. On 26th December, 1975 the Assistant Collector ordered that Amrik Singh be ejected from khasra No. 11/14 of 8 kanals with the stipulation that when Amrik Singh the tenant was to be evicted, it was to be seen that in case he did not possess more than 5 S. As. he would not be ejected till he was provided land to make up the deficiency. He did not file any appeal against this order. Thereafter Daljit Singh, the landowner applied for execution of the order. The Assistant Collector found that Amrik Singh had more than 5 S. As. of land and by his order dated 25th February, 1976 directed that warrant of ejectment from the land in dispute be issued. Amrik Singh filed an appeal before the Collector who rejected it by his order dated 30th July, 1976. Thereafter, he filed a revision petition before the Commissioner which too was dismissed. Hence the present revision petition.

I have gone through the impugned orders and heard learned counsel for Amrik Singh who maintains that the Assistant Collector as well as the Collector were wrong in holding that petitionertenant was to retain possession of his tenancy to the extent of 5 S. As. only until he was accommodated on a surplus area. He urges that with the enforcement of the Punjab Land Reforms Act. 1972 the allotment of land to tenants not exceeding 2 hectores of first quality or equivalent area was permissible under section 11(2)(b) of the aforementioned Act, He has further pointed out that section 28(1) of the Act ibid repeals the provisions of the Punjab Security of Land Tenures Act 1953 in so far as these are inconsistent with the provisions of the new Act. The scheme of the Punjab Land Reforms Act, 1972 shows that the permissible limit for the allotment of land to tenants was not to exceed two hectores of first quality or equivalent area provided that the total area held or owned by any such allottee after the allotment shall not exceed two hectores of the first quality land or equivalent area Counsel for petitioner concedes that petitioner will vacate the land of Daljit Singh except to the extent falling short to 2 hectores of first quality till he is accommodated. Counsel for respondent has no objection.

In view of the foregoing discussion and the statement of counsel for petitioner the revision petition of Amrik Singh is accepted to the extent mentioned.

Announced.