on august 30 1960 the companymissioner ambala division dismissed a second appeal and on january 2 1961 the financial commissioner dismissed a revision petition filed by respondent number 4.
on august 22 1961 the punjab high companyrt allowed a petition preferred by respondent number 4 under art.
227 of the constitution of india and set aside the orders of the collector the companymissioner and the financial companymissioner.
was delivered by bachawat j. mudholkar j. delivered a separate but company curring judgment.
the tenant moved the financial commissioner punjab in revision against the order of the commissioner but without success.
appeal by special leave from the order dated august 23 1961 of the punjab high companyrt in civil misc.
unfortunately neither party has placed the order of the assistant companylector on the record of this appeal.
the high companyrt held that the status of the appellant must be determined by evaluating his land in terms of standard acres on the date of the application for ejectment.
1 1961 40 lahore law times p. 28.
on february 17 1960 the assistant collector dismissed the application.
on october 5 1949 he was allotted 42 standard acres and 11 units of land in the village jamalpur tehsil hansi district hissar.
under the sanad the appellant was granted proprietary rights in the land.
the companylectors order was upheld by the companymissioner ambala division by his order dated august 30 1960.
1 to 3.
after those proceedings were finalised the appellant was granted an equivalent area of land in the same village as described in a sanad granted by the president on october 22 1955 in exchange for the land earlier granted to him.
on appeal on may 2 1960 the collector of hissar set aside the aforesaid order and allowed the application for ejectment.
in his application the appellant alleged that as he held less than 50 standard acres of land he was a small land owner and as such had the right to evict the tenant and instead cultivate the land himself.
subsequently proceedings for companysolidation of holdings were taken under the east punjab holdings companysolidation and prevention of fragmentation act 1948 act 50 of 1948 .
bhagwani lal e. c. agarwala and p. c. agarwalla for the appellant.
respondent number 4 is a tenant of the appellant in respect of a portion of this land.
on february 20 1958 the appellant claiming to be a small holder made an application under s. 14 a i of the punjab security of land tenures act 1953 before the assistant collector i grade hissar for the ejectment of respondent number 4 who was a tenant of the land.
he then preferred a writ petition before the high companyrt which as already stated was granted.
civil appellate jurisdiction civil appeal number 541 of 1963.
the application was rejected by the assistant collector.
number 120 of 1961.
the appellant number appeals to this companyrt by special leave.
the judgment of subba rao and bachawat jj.
on february 20 1958 the appellant filed an application before the assistant companylector 1st grade hissar for ejectment of respondent number 4 under s. 9 1 i of the act on the ground that he is a tenant of the appellant who is a small landowner.
on that date the aforesaid 101.4/5 acres of land owned by the appellant was equivalent to more than 50 standard acres.
on that date the aforesaid land was equivalent to 42 standard acres ii units and having regard to proviso ii b to s. 2 3 of the act was permissible area in relation to the appellant and as the appellant did number own any other land in the state of punjab he was a shall landowner within the meaning of s. 2 2 of the act.
he held that the appellant was a big landowner because on the date of the application the land owned by him was equivalent to more than 50 standard acres.
on october 22 1955 as a result of companysolidation proceedings the appellant was granted 101.4/5 ordinary acres of land in exchange for the land originally allotted to him in 1949.
janardhan sharma for respondent number 4.
deepak dutt chaudhry and b. r. g. k. achar for respondents number.
2 1961 40 lahore law times p. 9.
bachawat j. the appellant is a displaced person to whom 105 ordinary acres of land equivalent to 42 standard acres 11 units in village jamalpur tehsil hansi district hissar were allotted by the custodian on october 5 1949 under the conditions published in the numberification of the east punjab government number 4892/s dated july 8 1949.
he held that the appellant was a small landowner as he was a displaced person and an allotted of less than 50 standard acres.
the punjab security of land tenures act 1953 punjab act number 10 of 1953 hereinafter referred to as the act came into force on april 5 1953.
