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2002 DIGILAW 58 (PNJ)

Iqbal Singh v. Madan Lal

2002-01-09

KARL REDDY

body2002
ORDER Karl Reddy, F.C. - The Commissioner, Ferozepur Division, Ferozepur vide order dated 8.6.2000 has recommended for acceptance of these petitions under Section 24 of the Punjab Land Reforms Act, 1972 read with Section 84 of the Punjab Tenancy Act, 1887, seeking to revise the order dated 6.1.1999 of the District Collector, Muktsar, and the order dated 5.3.1998 of the SDM-cum-Collector Ist Grade, Malout ordering the ejectment in Form L proceedings, for failure to pay rent regularly without sufficient cause, of the petitioner : (i) in ROR 348 of 2000, from land comprised in 145//24(8-11) (ii) in ROR 350 of 2000, from land comprised in 145/24 min (0-19) 25(7-12) as per Jamabandi for the year 1992-93, situated in the revenue estate of Shamkot. 2. In each case, the petitioner-tenant resisted the ejectment application on the ground that the relationship of landowner and tenant does not subsist between the parties. The Assistant Collector Ist Grade held that the relationship of landlord and tenant stands proved on the basis of entries in the Jamabandi for 1992-93. The appeal against that order was dismissed by the District Collector as aforesaid. The Commissioner has noted that the entries in the Jamabandis for 1967-68 and 1992-93 posit the existence of the relationship of landowner and tenant, as the entry in the rent column is Batai Hissa Nishab Gala Wa Neera Har Kisam. It is only in the Jamabandi for 1982-83 that the column of rent is left blank. However, there is nothing to show how the change from Jamabandi to Jamabandi occurred. Accordingly, the Commissioner had recommended that a thorough probe be conducted at the level of the SDM-cum-Assistant Collector Ist Grade for checking all the Jamabandis from 1967-68 to 1992-93, and thereafter passing a fresh order. 3. Counsel for the respondent has placed on record a copy of the judgment dated 21.12.2000 of the Additional Civil Judge (Senior Division), Malout, dismissing the suit of lqbal Singh (petitioner in ROR 348 of 2000) for declaration that he is owner by way of adverse possession of the land in dispute, and the entries in the revenue record depicting Madan Lal as owner are wrong. This judgment also holds that Iqbal Singh is a tenant but that finding is not conclusive proof under Section 42 of the Evidence Act. This judgment also holds that Iqbal Singh is a tenant but that finding is not conclusive proof under Section 42 of the Evidence Act. Counsel for the respondent further argues that is only the Jamabandi for 1982-83 that casts doubt on the existence of the relationship of landlord and tenant between the parties, and the continuance of a pre-existent state of affairs is to be presumed. There is no reason to wait until the probe is conducted for ejectment to be ordered. 4. Accordingly, the landowner shall place before the SDM-cum-Assistant Collector Ist Grade, Malout copies of all the Jamabandis going back to Partition. If the entry in the Jamabandi for 1982-83 is the sole case which casts doubt on the relationship of landowner and tenant between the parties, the petitioner shall be ordered to be evicted. However, if there is a single other Jamabandi, which casts doubt on the relationship of landowner and tenant between the parties, then the relationship shall be held not to exist and the petitioners shall not be evicted. The parties are directed to appear before SDM-cum-Assistant Collector Ist Grade, Malout on 6.3.2002. He should decide the matter within three months. Announced. Ordered accordingly.