Harbans Singh, J. ( 1 ) BY order dated 22nd of January, 1964, in Regular Second Appeal No. 247-D Of 1962. passed by Justice Gurdev Singh, the following two questions were REFERRED TO a. larger Bench. (1) Whether a Revenue Assistant can declare bhumidars under section 13 (1) of the Delhi Land Reforms. Act, 1954, without there being a notification of the Chief Commissioner in his favour empowering him to discharge all or any of the functions of the Deputy Commisioner under the Act ? and (2) Whether a non-occupancy tenant, who is not a tenant in Shahdara Circle could be declared bhumidar under clause (f) of sub-section (1) of section 13 of the Delhi Lands Reforms Act, 1954? Regular Second Appeal No. 248-D of 1962 is connected with this appeal and three other appeals (Regular Second Appeals Nos. 138-D and 149-D of 1961 and 334-D of 1962), in which similar questions of law arise, have also been ordered to be heard along with the main appeal. As this Bench is required only to record answers to the two specific questions referred, it will not be necessary to go into the peculiar facts of each case, which will be taken up before the learned Single Judge before whom these appeals will go after answer to the two questions have been recorded. ( 2 ) FOR the purpose of understanding the circumstances in which these two questions have arisen, it would be sufficient to refer to the facts in Regular Second Appeal No. 247-D of 1962. The dispute between the parties relates to 28 Bighas and 6 Biswas of agricultural land situated in village Wazirpur, Delhi. Onkar Nath, appellant in Regular Second Appeal No. 248-D of 1962, was recorded as its owner. Subsequently, in a suit filed by his sons Sunder Nath, Jagat Narain and Kakko alias Jai Raj, it was held thet the property belonged to the joint Hindu family consiting of these three sons and Onkar Nath. Ratti Ram and Budhu were recorded as the non occupancy tenants of this land. Acting under the provisions of section 13 of the Delhi Land Reforms Act, the Revenue Assitant, Delhi, declared them as bhumidars. Challenging this declaration of these two persons as bhumidars of the land in dispute, two suits were filed one by Onkar Nath qua his 1/4th share and the other by Dr. Acting under the provisions of section 13 of the Delhi Land Reforms Act, the Revenue Assitant, Delhi, declared them as bhumidars. Challenging this declaration of these two persons as bhumidars of the land in dispute, two suits were filed one by Onkar Nath qua his 1/4th share and the other by Dr. Kidar Nath and the above-named three sons of Onkar Nath for a declaration thet the grant of certificates of bhumidari rights in favour of the aforesaid two non occupancy tenants was had and not in accordance with law and thet Onkar Nath, in one case, and Dr. Kidar Nath in the other, were entitled to be declared as bhumidars. In the case filed by Dr. Kidar Nath an alternative prayer was made thet if it is found thet Kidar Nath had no title as a result of sale by sons of Onkar Nath in his favour then the sons of Onkar Nath were entitled to bhumidari rights. It was found. by the Courts below thet Dr. Kidar Nath had no right and we are not, therefore, concerned with thet matter anymore. However, as remarked by the learned Single Judge, the rights of Onkar Nath in the one case and thet of his three sons in the other have to be determined. The two main grounds, on which claim was made by the landlords in these two suits, were :- (1) thet the revenue Asistant was not authorised to grant any declaration under section 13 of the Delhi Land Reforms Act in asmuch as he was not invested with the powers of the Deputy Commissioner, who alone is authorised to make such a declaration ; and (2) thet under section 13 of the Delhi Land Reforms Act, 1954, non-occupancy tenants of the land which is not in Shahdara Circle (and the land in the present case is admittedly not in Shahdara Circle) are not entitled to the grant of such a declaration. ( 3 ) BOTH these points having been found against the plaintiffs in those two cases, they filed these seconds appeals in the two cases, in this Court. These two legal points, besides another, were dealt with by a Bench of this Court in Ramji Lal v. Lekhi and others (Regular Second Appeal No. 46-D of 1961) on reference by a Single Judge for an authoritative decision. . These two legal points, besides another, were dealt with by a Bench of this Court in Ramji Lal v. Lekhi and others (Regular Second Appeal No. 46-D of 1961) on reference by a Single Judge for an authoritative decision. . thet was also a case where bhumidari rights were granted by the Revenue Assistant to the non-occupancy tenants of the landlords with regard to the land which was situated in thet part of. Delhi where previously the Punjab Tenancy Act was applicable. The main question urged in thet case, to which the major portion of the Judgment of the Division Bench is devoted, was based on the fact thet the tenant was granted a certificate of his bhumidari. rights in the land in dispute by the Revenue Assistant without any notice to the proprietor. After going through the provisions of the law, the Bench came to the conclusion thet- ". . . . . . TASK of determining what individuals were entitled to the benefit of the general declaration of bhumidari rights made by the Deputy Commissioner in accordance with the entries in the revenue records of 1953-54 was obviously enormous and would take a very long period of years if there was to be a contest in every case, or even in any considerable portion of cases, at the stage of preparation of the necessary certificates. In the circumstances I can see nothing either undesirable or wrong in principle in the procedure for the preparation and distribution of bhumidari certificates in accordance with the provisions of rules 6a and the following rules, and I consider thet persons who wish to contest the certificates granted under this procedure have ample opportunity to do so since rule 8 (4) enjoins on them the filing of a regular suit. . . . . . . . . . . . . . . . . . . . . . . "it is not necessary for us In the present case to go into this part of the argument which was not raised before us and in any case has not been REFERRED TO this Bench. ( 4 ) IN addition to this main argument raised in thet case, two other objections were taken which are in the form of the two questions before US. ( 4 ) IN addition to this main argument raised in thet case, two other objections were taken which are in the form of the two questions before US. With regard to the objection thet the Revenue Assistant had no power to declare the defendants to be bhumidars, the learned Chief Justice deliver ing the judgment of the Bench REFERRED TO the definition of "deputy Commsioner as given in section 3, sub-section (6) of the Delhi Land Reforms Act. It runs as follows - "deputy Commissioner includes Collector and a Revenue Assistant or an Assistant Collector of the first class empowered by the Chief Commissioner by a notification in the official Gazette to discharge all or any of the functions of a Deputy Commissioner under this Act. "with regard to this, the learned Chief Justice observed as follows :- "it seems to me thet as it stands, the definition requires some clarification since it is capable of two meanings. It could either have been drafted as" D. C. in cluses (1) Collector (2) a Revenue Assistant or (3) an Assistant Collector of the 1st class empowered etc. etc. , or else D. C. includes (1) Collector and (2) a Revenue Assistant or an Assistant Collector of the first class empowered etc. etc. Neitherof these interpetations imposes any strain on the language actually used. " It was, however, not decided as to which of thess two interpretation was correct because it was considered thet the provisions of the law had been complied with in any case. It appears thet the Deputy Commissioner after the enforcement of the Delhi Land Reforms Act made a general declaration declaring all the categories of tenants detailed in section 13 to be bhumidars, and this was considered to be sufficient compliance with the provisions of the Act. ( 5 ) THE other objection was based on sub-section (24) of section 3, which provided thet words and expressions, detailed therein, and any other expressions not defined in the Act and used in the Agra Tenancy Act, 1901, or the Punjab Tenancy Act, 1887, shall have the meaning assigned to them in those Acts, according as the context refers to Shahdara or the remaining circles. In thet case, as in the present one, bhumidari rights were granted under section 13 (1) (f), the tenant being treated as "a non-occupancy tenant, including a tenant of or over twelve years in Shahdara Circle. " It was conterded thet the provisions in thet case were not covered by the aforesaid clause because the term "nonoccupancy tenant" is not defined or used as such in the Punjab Tenancy Act and thet inasmuch as in thet case the property was situated in thet part of Delhi where the Punjab Tenancy Act applied. This was the only argument addressed, and it was negatived by the Bench observing as follows:- "it is, however, quite clear thet under the Punjab Tenancy Act. those tenants, who were not occupancy tenants, were non-occupancy tenants, and without the definition of the term or its use in any particular section its meaning is quite obvious and such persons are unboubtedly intended to get the benefit of section 13 (1) (f ). "before the learned Single Judge, the argument addressed was altogether different and it was urged thet inasmuch as thet argument was not considered by the Bench, the Bench decision required reconsideration. Seeing force in the argument, the learned Single Judge formulated the two questions, quoted above, and the matter has been placed before the Full Bench by the Hon ble the Chief Justice. ( 6 ) IN order to understand the arguments addressed before us, it if necessary to refer to the relevant provisions conferring the bhumidari rights and giving, the definition of "deputy Commissioner," etc. The preamble of the Act shows thet it was enacted for the purpose of "modification of Zamindari system so as to create a uniform body of peasant proprietors without intermediaries, for the unification of the Panjab and Agra system of tenency laws in force in the State of Delhi. . . . . . . . . . . . " Section 4 provides as follows:- 4. (1 ). There shall be, for the purposes of this Act, only one class of tenure-holder, thet is to say, bhumidar and one class of sub-tenure holder, thet is to say asami , (2) Tenure holder, means aperson who holds land directly under and is liable to pay land revenue for thet land to the State, and sub-tenure holder is a person who holds land from a tenure-holder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " Provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " Section 5 defines "bhumidar". There were two categories of land holders who were to become bhumidars at the commencement of the Act. They were as follows:- " (a)a proprietor holding sir or khudkasht land a proprietors grove holder, an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, paying rent at revenue rates or aperson holding land under patti dawami or istamrari with rights of transfer by sale who are declared bhumidars on the commencement of this Act ; (b) every class of tenants other then those REFERRED TO in clause (a) and sub-tenants who are declared bhumidars on the commencement of this Act. Section II deals with declaration of bhumidari rights in favour of proprietors and superior class of tenants REFERRED TO in sub-section (a) of section 5, and runs as below :- "11. (1) Subject to the provisions of section 10, the Deputy Commissioner shall declare as bhumidars persons holding the following lands, namely:-- (a) Khud Kasht land or a proprietor s grove in the tracts to which the Punjab Tenancy Act, 188 7, was applicable or sir land or Khud Kasht land or a proprietor s grove in the tracts to which the Agra Tenancy Act, 1901, was applicable. (b) Land held by occupancy tenants under section 5 of the Punjab Tenancy Act, 1887, with right of transfer by sale ; and (c) land held under patta dawami or istamrari by tenants with right of transfer by sale. (2) For the purpose of sub-section (1) the Deputy Commissioner shall take into consideration the entries in the revenue records which shall be persumed to be correct unless the contrary is proved. provided. . . . (2) For the purpose of sub-section (1) the Deputy Commissioner shall take into consideration the entries in the revenue records which shall be persumed to be correct unless the contrary is proved. provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " (3) While making a declaration under clauses (b) and (c) of subsection (1), the Deputy Commissioner shall order the occupancy tenants or the pattadar to deposit in Government treasury an amount equal to four times the land revenue as ascertained in sub-section (4) for the area of which he is declared as bhumidar as compensation thereof. If he fails to deposit the amount within six monts of the date of declaration, the same shall be realized as arrear of land revenue. The amount deposited or so realized shall be disbursed to the proprietor under the order of the Revenue Assistant. Section 13 relates to the declaration of bhumidari rights regarding the class of persons REFERRED TO in clause (b) of section 5, and runs as follows :- "13. (1) On the commencement of this Act, the Deputy Commissioner shall also declare the following classes of tenants as bhumidars who shall, with effect from the same date, have all the rights and be subject to all the liabilities conferred or imposed upon bhumidars under this Act, namely :- (a) a rent free grantee or a grantee at favourable rate of rent ; (b) an exproprietary tenant in Shahdara Circle ; (c) An occupancy tenant, except those under section 5 of the Punjab Tenancy Act, 1887 ; (d) a non-occupancy tenant, who pays rent at revenue rates with or without malikana; (e) a tenant of sir or a sub-tenant declarer as non-occupancy tenant under section 10 or 12; (f) a non-occupancy tenant including a tenant of or over twelve years in Shahdara Circle ; (g) a tenant grove holder ; and (h) a holder of patta dawami or istamrari without any right to sell. (2) Every person, who after the commencement of this Act, is admitted to land as bhumidar or who acquires bhumidari rights under any provisions of this Act, shall have all the rights and be subject to all the liabilities conferred or imposed upon bhumidars under this Act with effect from the date of admission or acquistion, as the case may be. " Sub-section (1) of section 10 provides that in cases where in the fasli year immediately before the commencement of the Act, a proprietor of sir land or an occupancy tenant under section 5 or a tenant holding patta dawami or istamrari [who, as seen above are coverd by section II (1)] is not recorded as actually in possession, but is recorded as in possession by a tenant of sir land or sub-tenant of the occupancy tenants, etc. , such land shall not be available to the proprietor of the sir land, or to the occupancy tenant holding patta dawami or istamrari, for acquisition of bhumidari rights. By sub-section (2) of section 10, however, exception is made in cases of the following categories of persons :- " (i) awoman, (ii) a minor, (iii) a lunatic, (iv) an idiot, ( v) a person incapable of cultivation by reason of blindness or physical infirmity, or (vi) a person in the armed force of the Indian Union, both at the commencement of tenancy and on the commencement of this Act, (vii) a person prosecuting studies in a recognized institution and not exceeding 25 years in age, or (viii) a person under detention or imprisonment, on the commencement of this Act. " Similarly, section 12 lays down- "12. " Similarly, section 12 lays down- "12. (1) Every sub-tenant- (a) of an occupany tenant other than an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or (b) of an exproprietary tenant, or of a non-occupany tenant of over twelve years or less, or for a rent free grantee or a grantee at a favourable rate of rent, or (c) of a tenant holding land under a patta dawami or istamrari, but without right of transfer by sale who is recorded as such in the fasliyear, before the Commoncement of this Act, shall be deemed to be a non-occupancy tenant of land held by him and such land; for the parposes of section 13, shall not be available to the occupancy tenant, exproprietary tenant, non-occupancy tenant, rent free grantee or a grantee at favourable rate of rent or pattadar for acquisition of bhuidari rights. (2) The provisions of sub-section (2) of section 10 shall apply, mutatis mutandis, to this section. ( 7 ) FROM the above, it is clear thet Deputy Commissioner is required to declare particular classes of proprietors and tenants as bhumidars either under section 11 or under section 13. The difference between bhumidars declared under sections 11 and 13 is only in respect of the amount of compensation thet is payable by them, and we need not consider thet matter. The definition of "deputy Commissioner" as given in sub-section (6) of section 3, has already been reproduced above, and, as remarked by the learned Chief Justice it is capable of two different interpretations, as mentioned above. According to one interpretation it is only an Assistant Collector of the first class, who need specially be empowered by the Chief Commissioner by a notification, and a Revenue Assistant as such, is included in the definition of "deputy Commissioner", while according to the other interpretation, it is only a Collector, who is automatically included in the definition of "deputy Commissioner" while a Revenue and an Assistant Collector of the first. class both fall in the same category and they must be specially invested by the Chief Commissioner with the powers to discharge all or any of the functions of the Deputy Commissioner. Before us, on behalf of the appellants, it was urged thet in the Context of the provisions of this Act, it is the second interpretation thet can properly apply. Before us, on behalf of the appellants, it was urged thet in the Context of the provisions of this Act, it is the second interpretation thet can properly apply. Reference in this respect was made to the definition of "revenue Assistant" as given in sub-section (19a) of section 3, as follows :- " (19) Revenue Assistant means an Assistant Collector of the. first grade or class and includes an officer empowered by the Chief Commissioner to perform all or any of the functions of a Revenue Assistant under this Act. "according to this definition, all Assistant Collectors of the first class are "revenue Assistants" within the meaning of the Act, and in thet view of the definition it is impossible to hold thet a Revenue Assistant occupies any special position, and can, as such, without any specific authorisation, exercise the powers of a Deputy Commissioner. All Assistant Collectors of the first class, being included in the definition of "revenue Assistant", it is obvious thet a Revenue Assistant, like all other Assistant Collectors of the first class had to be specially authorised to exercise powers of a Deputy Commissioner. ( 8 ) THIS now takes us to the second argument, which weiged with the Bench, namely, thet in view of the general declaration issued by the Deputy Commissioner, provisions of law must be taken to have been complied with. The declaration REFERRED TO is dated 23rd of June, 1956, and its copy is filed in suit, Shatrughan v. Sis Ram, No. 231 of 1257, decided by Shri R. L. Segal, Commercial Judge of first class, Delhi, on the 29th of September, 1959. The relevant part of the notification runs as follows :- "in exercise of the powers conferred upon me. The relevant part of the notification runs as follows :- "in exercise of the powers conferred upon me. under section 13 of the Delhi Land Reform Act, 1954, I, C. B. Dube, I. A. S. , Deputy Commissioner, Dalhi, hereby dedare the following classes of tenants recorded as such in the falsi year immediately preceding the commencement of the Act, as bhumidars who shall, with effect from the date of the commencement of the Act, i. e. 20th July, 1954, have all the rights and be subject to all the liabilities conferred or imposed upon bhumidars under the said Act, namely :-" (Then follow clauses (a) to (h) of sub-section (1) of section 13.) "excepting the sub-tenants of the persons REFERRED TO in sub- section (2) of section 10 of the said Act, namely :-" (Then clauses (i) to (viii) of sub section (2) of section 10 are reproduced.) "action under section 14 of the Act will be taken in due course. " It may be mantioned here that section 14 provides for determination of compensation and land revenue payable by the bhumidars declared as such under section 13. ( 9 ) THIS so-called declaration, in no way, takes us any further than what is provided in the Act itself. Sub-section (2) of section 11 clearly provides that for the purpose of sub-section (1) of that section the Deputy Commissioner shall take into consideration the entries in the revenue records. Though there is no such provision in section 13, yet it is obvious that the revenue entries immediately proceeding the commencement of the Act have to form the basis for declaration. The present so-called declaration by the Deputy Commissioner is, thus, nothing more than repeating, to all intents and purposes, the provisions of sub-section (1) section 13, read with section 12 and. sub-section (2) of section 13. It was not. seriously pressed before us tha,t this is the type of declaration that is meant to be made either under section 11 or under section 13 of the Act. sub-section (2) of section 13. It was not. seriously pressed before us tha,t this is the type of declaration that is meant to be made either under section 11 or under section 13 of the Act. The very fact, that under sub-section (2) of 11, it is provided that the Deputy Commissioner shall take into consideration the entries in the revenue records, shows that it is for the Deputy Commissioner to make a declaration in respect of each particular proprietor or tenant, who is so recorded in the revenue records, and after having done so under sub-section (3) of section 11, it is the Deputy Commissioner, who shall have to order the occupancy tenant or the pattadar to deposit compensation, and if he fails to deposit the amount within the period provided the same shall be realized as arrears of land revenue. Once this amount has been deposited or realised, its disbursement to the proprietor is to be made under orders of the Revenue Assistant. It is rather significant to note that in this sub-section itself different functions are assigned to the Deputy Commissioner and the Revenue Assistant. A formal order to deposit the money has to be made by the Deputy Commissioner and this means that an order of declaration, on the basis of which the occupancy tenant or the pattadar is to be directed to deposit the amount provided has also to be made by the Deputy Commissioner and not by a Subordinate officer. The type of declaration that has been made by the Deputy Commissioner, as reproduced above, has, in fact, been already made by the Legislature and I have no doubt in my mind that the declaration intended either under section 11 or under section 13 is the declaration, which the Deputy Commissioner has to make, in respect of the individual persons, in accordance with the entries in the revenue records, and after making this declaration, he is to make an order for payment of compensation. No doubt in section 14, which deals with compensation to be paid in cases of bhumidars declared under section 13, there is no prevision for any direction to be issued by the Deputy Commissioner to pay compensation. Different methods of calculation of compensation are laid down, and all that is provided is that the tenant or sub-tehant shall be liable to pay the amountcalculated in the manner provided. Different methods of calculation of compensation are laid down, and all that is provided is that the tenant or sub-tehant shall be liable to pay the amountcalculated in the manner provided. That, however, to my mind would not make much difference, because I do not consider that two different methods of declaration of bhumidari rights are contemplated, one under section 11 and the other under section 13. The wording of the two sections are pari materia, and, in fact, the word also used in sub-section (1) of section 13, namely, "the Deputy Commissioner shall also declare" goes to indicate that the declaration under section 13 is to be done in the same manner as is dene under sub-section (1) of section 11. I am, therefore, of the view that the declaration contemplated is the declaration in individual cases, and such a declaration cannot be made by the Revenue Assistant with out there being a notification by the Chief Commissioner in his favour empowering him to discharge the functions of the Deputy Commissioner under the Act. Answer to the first question, therefore must be in the negative. ( 10 ) THIS now bring us to the second question, which is of greater importance being of substance rather than of procedure. Admittedly, in the present case, the defendants, who have been declared as bhumidars. can be covered only under clause (f) of sub-section (1) of section 13. ( 11 ) ACCORDING to the contention raised on behalf of the respondent- tenants, clause (f) includes all non-occupancy tenants anywhere in Delhi irrespective of the fact whether the area concerned was previously governed by the Punjab Tenancy Act or the Agra Tenancy Act. In other words, whether it is situated in Shahdara Circle or outside it. This reading of clause (f) would make clause (d) absolutely redundant. I would reproduce clauses (d) and (f) again as under :- "13 (1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) a non-occupancy tenants, who pays rent at revenue rates with or without malikana ; (f) a non-occupancy tenant, including a tenant of or over twelve years, in Shahdara Circle ; If clause (f) covered all types of non-occupancy tenants, irrespective of the fact as to the situation of their land or the amount of rent payable by them, then there was absolutely no need for putting in clause (d), and even clause (f) could have been made simpler by just saying "a non- occupancy tenant. " In fact, clauses (a), (e) and (g), which also relate to non-occupancy tenants of various types, would have been unnecessary. Clause (b) of section 5, which states generally that every class of tenants other than those REFERRED TO in clause (a) and sub-tenants, who are declared bhumidars, shall have all the rights and be subject to all the liabilities conferred or imposed upon bhumidars, does not in any way lend assistance, because the classes of tenants and sub-tenants, who are declared as bhumidars, are REFERRED TO in detail only in sub-section (1) of section 13 read with section 12. ( 12 ) SOME help was sought by the learned counsel for the respondents to urge that clause (f) should be interpreted to include all types of occupancy tenants, by referring to clause (b) of sub-section I of section 12, reproduced above. According to this clause, every sub-tenant. . . . . . . . . of a non-occupancy tenant of over twelve years or less. . . . . . . . . . . . . . . who is recorded as such in the fasti year, before the commencement of this Act, shall be deemed to be a non-occupancy tenant of the land held by him. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . who is recorded as such in the fasti year, before the commencement of this Act, shall be deemed to be a non-occupancy tenant of the land held by him. . . . . . . . . . . . . . . . . . . . . . . . " The argument was that inasmuch as "non-occupancy tenant" in clause (b) refers to the tenants "of over twelve years or less," without any qualification whether they are in Shahdara Circle or otherwise, therefore, this clause was of a general application, and that subtenants of all tpes of non-occupancy tenants - shall be deemed to be nonoccupancy tenants of the land held by them. " The inference drawn by the learned counsel was that all such non-occupancy tenants had to be granted bhumidari rights under section 13. I am afraid, however, that there is no justification for drawing this inference. All that section 12 provides is that if an occupancy tenant, or an exproprietary tenant, or a rent free grantee or a grantee at a favourable rate of rent, or a pattadar or a non-occupancy tenant, who was not in actual possession of the land on the relevant date and the land was in actual posression of sub-tenant under him, than such land" shall not be available to the occupancy tenant", etc. The section, however, does not confer any specific right on the sub-tenants. All that it says is that such a sub-tenant "shall be deemed to be a non-occupancy tenant", and the question whether as a non-occupancy tenant, any rights have been conferred on him by section 13 or not has to be determined with reference to that section. ( 13 ) ACCORDING to the arguments raised on behalf of the appellants, there are only two types of non-occupancy tenants, who have been granted bhumidari rights. One are those covered by clause (d), who pay rent at revenue rates with or without malikana, and secondly, those who are covered by clause (f) of sub-section (1) of section 13. Thus, if a subtenant, who is deemed to be a tenant under clause (b) of sub-section (1) of section 12, falls in any one of these categories, he would be given bhumidari rights, and, if not, then he cannot be given any such rights. Thus, if a subtenant, who is deemed to be a tenant under clause (b) of sub-section (1) of section 12, falls in any one of these categories, he would be given bhumidari rights, and, if not, then he cannot be given any such rights. Merely because in clause (b) there is no qualification qua the situation in respect of the land held by a non-occupancy tenant of over 12 years or less, it does not mean that all non-occupancy tenants, whether in or outside Shahdara Circle, have a right to be declared as bhumidars under sub-section (1) of section 13. ( 14 ) AS already indicated, before the Bench deciding the earlier case, the only argument urged was that the words -non-occupancy tenant" being unknown to the Punjab Tenancy Act, 1887, no non-occupancy tenant, whether he pays rent at revenue rates or otherwise, in the area where the Punjab Tenancy act applies, could get bhumidari rights. That argument was not seriously urged before us. The Punjab Tenancy Act defines "occupancy tenant". Their rights and liabilities are specifically mentioned. All other tenants, who do not fall in the category of occupancy tenants, must, by exclusion, be treated as non-occupancy tenants. In fact, in the revenue records, such tenants are mentioned as gair morusi, that is, non-occupancy. The argument, which was not placed before the Bench and to which no proper answer could be given before us, is based on theplain reading of the section as a whole. Courts are required to give such an interpretation as not to make any part of the statute as redundant, and clause (d) and (f) must stand together and make some sense, and that is possible only if the words "in Shahdara Circle" are taken to define the entire class, namely, a non-occupancy tenant, including "a tenant of or over 12 years. " In other words, this clause has to be read as if comma, after the words "non-occupancy tenant" did not exist, and the whole clause relates only to the non-occupancy tenants in Shahdara Circle. ( 15 ) TWO further questions, however, immediately occur First, if clause (f) was to cover all non-occupancy tenants in Shahdara Circle, then what was the necessity of adding words "including a tenant of or over twelve years "? ( 15 ) TWO further questions, however, immediately occur First, if clause (f) was to cover all non-occupancy tenants in Shahdara Circle, then what was the necessity of adding words "including a tenant of or over twelve years "? Secondly, why a distinction has been made between a non-occupancy tenant in Shahdara Circle, who has been given bhumidari rights and the non-occupancy tenant in the area outside Shahdara Circle, who has been left out, and has not been given bhumidari rights, and, who in accordance with the definition of asami given, does not fall in that category either ? ( 16 ) THE argument raised on behalf of the respodents was that the object of the Act was to bring about a unification of the Punjab and Agra systems of tenancy and to create only two types of land tenures by eliminating all other tenures, and that if clause (f) is interpreted to cover tenants in only non-occupancy tenants in Shahdara Circle, a large number of non-occupancy the area, previously governed by the Punjab Tenancy Act, would not be covered by the beneficial provisions of this Act. It was, however, urged in reply on behalf of the appellant s that under the Agra Tenancy Act, 1901, which was applicable to Shahdara Circle, the non-occupancy tenants had comparatively much wider rights and greater security than that enjoyed by the tenants under the Punjab Tenancy Act, 1887. It has to be noted that the Security of Land Tenures Acts enacted alter 1953 in the Punjab which conferred substantial security on non-occupancy tenants subsequent to 1953, were never extended to Delhi. Section 11 of the Agra Tenancy Act, 1901, provides that if a tenant has held the same land continuously for a period of twelve years, he shall have a light of occupancy in such land. Sections 12, 13,and 14 then give details of the time from which the period of twelve years, begins to run and what is meant by the words "continuous holding" of land and "same land" as used in section 11. Section 16 then provides as follows :- "16. Every tenant having a right of occupancy under section 11. . . . . . . . . . . . . . . shall have all the rights and be subject to all the liabilities conferred and imposed on occupancy tenants by this Act. Section 16 then provides as follows :- "16. Every tenant having a right of occupancy under section 11. . . . . . . . . . . . . . . shall have all the rights and be subject to all the liabilities conferred and imposed on occupancy tenants by this Act. " It was urged on behalf of the appellants that probably the words "including a tenant of or over twelve years" in clause (f) of sub-section 1 of section 13 of the Delhi Land Reforms Act, have been added as a matter of precaution lest there is any dispute as to the right of these non-occupancy tenants, who by completion of a period of twelve years, would fall into the category of occupancy tenants, but who have not yet been recognized as such, due to some controversy over matters like the continuity of the period of having occupied the same land, etc. ( 17 ) APART from this distinction between the non-occupancy tenants, governed by the Agra Tenancy Act, who automatically assume a higher position and become occupancy tenants by mere lapse of time, and the non-occupancy tenants under the Punjab Tenancy Act, who can never claim to acquire occupancy rights by mere lapse of time, reference was also made to sub-section (2) of section 20 of the Agra Tenancy Act, which makes the" rights of the non-occupancy tenants as heritable. Under this sub-section there is also a right of voluntary tansfer amongst the tenants, who are co-sharers. "the relevant provision runs as follows:- "20. (2) The interest of. . . . . . . . . . . . . . . . . . a non-occupancy tenant. . . . . . . . . . . . . . . . . . is. . . . . . . . . . . . . . . . . . heritable, but is not transferable. . . . . . . . . . . . . . . . . . othfiwise than by voluntary transfer between persons in favour of whom as co-sharers in the tenancy such right originally arose, or who have become by succession co-sharerstherein. " Under the Punjab Tenancy Act, rights of non-occupancy tenants are not heritable or transferable. . . . . . . . . . . . . . . . . . othfiwise than by voluntary transfer between persons in favour of whom as co-sharers in the tenancy such right originally arose, or who have become by succession co-sharerstherein. " Under the Punjab Tenancy Act, rights of non-occupancy tenants are not heritable or transferable. It was urged that it may be due to the fact that non-occupancy tenants in Shahdara Circle, thus, enjoyed much better rights than their counterparts governed by the Punjab Tenancy Act, and that clause (f) of sub-section (1) of the Delhi land Reforms Act declared the con-occupancy tenants in Shahdara Circle to be entitled to bhumidari rights, but no such rights were given to the non-occupancy tenants in the area where the Punjab Tenancy Act applied. ( 18 ) IT is indeed very difficult to say whether the ommission of "non-occupancy tenants" governed by the Punjab Tenancy Act from the beneficial provisions of the Reforms Act was deliberate, or accidental. No doubt it does appear to be unlikely that the ommission was deliberate, because if that had been the case, some provision must have been made, at least to put them under the category of asemis to ensure that no more than two categories of tenures holders existed in the entire area included in Delhi. Be that as it may, we have to interpret the section as it is, and we cannot go en the basis of any conjectures. We find it extremely difficult to interpret clause (f) as covering all types of non-occupancy tenant in or outside Shahdara Circle, because that would make clause (d) altogether redurtant. It is further to be noted that under clause (b) of sub-section (2) of section 14, the compensation that has to be paid by non-occupancy tenants, covered by clauses (d) and (f) is exactly the same. So, the existance of clause (d) cannot be Justified even on the ground of different compensation being payable by the tenants covered by Clauses (d) and (f ). Clause (b) of sub-section (d) of section 14 runs as follows :- "14. (1) (2) Every such person, other than a sub-tenant deemed to be a non-occupancy tenant under section 10 or 12, shall- (a ). . . . . . . . . . . . . . . . . . . . . . . . Clause (b) of sub-section (d) of section 14 runs as follows :- "14. (1) (2) Every such person, other than a sub-tenant deemed to be a non-occupancy tenant under section 10 or 12, shall- (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) be liable to pay as compensation in the Government treasury to the credit of the proprietor concerned, an amount which shall in the case of tenants. . . . . . . . . . . . . . . . . . . . . under clause (b), (c) and (h) of sub-section (1) of section 13 be eight times the amount of land Revenue so determined and in the case of non-occupancy tenants i. e. tenants of sir or tenants under clauses (a), (d), (f) and (g) of sub- section (1) of section 13,be sixteen times the land revenue so determined. " ( 19 ) IT appears that notwithstanding the intention of the Legislature to create only two types cf tenures non-occupancy tenants, previously governed by the Punjab Tenancy Act, except those, who are specifically covered by clauses other than clause (f), have remained uncovered by the Act. This is rather an unfortunate result, but it cannot be helped, in view of the wording of various clauses of sub-section (1) of section 13, as they exist at present. ( 20 ) FOR the reasons given above, therefore, I am constrained to hold that a non-occupancy tenant, who is not a tenant- in Shahdara Circle, would not be declared a bhumidar under clause (f) of Sub-Section (1) of section 13 of the Delhi Land Reforms Act, 1954, and that this clause (f) relates only to tenants in Shahdara Circle, and, thus the answer to the second question must also be in the nagative. ( 21 ) THE case will now go back to the learned Judge for decision in the light of the answers to the two questions REFERRED TO the Full Bench. ( 22 ) I agree. ( 23 ) -I agree.