The appellant, Jodha Ram, however, filed a petition under Section 9 1 i of the Land Tenures Act on 16.8.1973, for eviction of Loti Ram and Rup Ram, before the Assistant Collector, on the ground that he himself was a small land holder and the aforesaid tenants held large areas of land and as such he was entitled to the possession of the lands in question under Section 9 1 i of the Land Tenures Act.
The Assistant Collector came to the companyclusion that as Loti Ram and Rup Ram, the tenants, held 269 canals and 5 marlas of land in addition to the lands in dispute and Jodha Ram was a small land owner, he was entitled to recover possession of the lands in dispute.
Jodha Ram, the appellant, who had acquired the right, title and interest of Om Parkash by aforesaid sale deed dated 21.11.1953, did number care to get himself impleaded as a party to that proceeding.
In the civil dispute, which was pending between Om Parkash and Loti Ram, the District Judge by an order dated 18.6.1970, held that Loti Ram and Rup Ram were entitled to remain in possession of the lands in question, as tenants.
It appears to be an admitted position that Om Parkash, appellant in one of the appeals, had entered into partnership agreement with Loti Ram and Rup Ram predecessor in interest of Respondents Nos.
The Collector in exercise of the powers companyferred on him by the Land Tenures Act, declared the lands in dispute as surplus area, by an order dated 28.6.1960.
Loti Ram and Rup Ram took a plea that as per the terms of the partnership, on the dissolution of the partnership, they were entitled to get 150 bighas of land as tenants.
5 to 10 , to run an agricultural farm on the lands of aforesaid Om Parkash.
Ultimately, a writ petition was filed on behalf of the appellant, Jodha Ram, which was dismissed by the High Court.
The appellant Jodha Ram purchased the lands in dispute from Om Parkash through a sale deed dated 21.11.1953.
That finding was affirmed by the Commissioner, Ambala Division, as well as the Financial Commissioner.
The Land Tenures Act came into force on 15.4.1953.
On that finding, he directed eviction of the tenants.
