It may be mentioned that the appellant is a lessee from the owner of the land and his lease companyprises, a larger area of land including the land of which the respondent is the tenant.
The appellant then went in appeal to the Commissioner.
The Collector accepted this companytention and held that the appellant was number a land owner and therefore allowed the appeal and dismissed the application for ejectment.
CIVIL APPELLATE JURISDICTION Civil Appeal No 367 of 1959.
Thereupon there was an appeal by the respondent to the Collector and it was urged there that only a landowner companyld dispossess a tenant at will under s. 14 A. and as the appellant was number a landowner bat merely a landlord of the respondent he was number entitled to the benefit of s. 14 A i .
This was followed by an application by the appellant to this Court for special leave, which was granted and that is how the matter has companye up before us.
143 of 1956 57.
Appeal by special leave from the judgment and order dated November 23, 1957.
9 1 thereof, for ejectment of the respondent, on the ground that he was a small landowner.
M. Lal and A. G. Ratnaparkhi, for the appellants.
Achhru Ram and K. L. Mehta, for the respondent.
The application was filed before the Assistant Collector who held that the respondent was liable to ejectment and allowed the application.
of the Additional Commissioner Punjab, in Revision No.
He therefore claimed ejectment of the respondent on the ground that he had less than thirty standard acres and required the land for his own cultivation.
The companytention on behalf of the appellant before the Commissioner was that he was a landowner within the meaning of that word in s. 2 1 of the Act and was therefore entitled to eject the respondent.
The appellant claimed that he was the landowner and the respondent was a tenant at will under him.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave from the order of the Financial Commissioner Punjab in respect of the application made by the appellant under s. 14 A i of the Punjab Security of Land Tenures Act, No, X of 1953, hereinafter referred to as the Act , read with is.
February 22.
