Appeal No 2354 of 1966
Appeal from the judgment and order dated July 1963 of the Punjab High Court in Civil Writ No 1559 of 1962
MC Chagla and Janardan Sharma for the appellants
BC Misra SK Mehta and KL Mehta for respondent No 3 211 The Judgment of the Court was delivered by Sikri J
This appeal by certificate granted to the appellants by the High Court of Punjab under article 1331c of the Constitution raises one point namely whether a sub tenant is entitled to purchase the land from the land owner under section 18 of the Punjab Security of Land Tenures Act Punj
Act X of 1953 hereinafter referred to as the Act
It would be sufficient to give few facts
The appellants Jaimal and Ram Singh applied under section 18 of the Act to
the Assistant Collector 1st Grade Hissar to purchase 280 kanals 4 marlas of land situate in village Mehnda Tehsil Hansi District Hissar
The land was originally owned by respondents
4 to 10 who had given this land on lease to Sheo Parshad respondent No 3
It is not in dispute that the appellants and their fathers had been in occupation of the land in dispute for the last 30 years as sub tenants under Sheo Parshad respondent No 3
During the pendency of the application respondents Nos 4 to
10 sold the land in dispute on October 25 1957 to
Sheo Parshad and also in favour of his two
The Assistant Collector by his order dated November 30 1959 accepted the application of the appellants and allowed them to purchase 274 kanals of land for Rs 6730 
On appeal the Collector varied the order but the variation is not material for the purpose of this appeal
appellants then preferred an appeal to the Commissioner and Sheo Parshad filed Revision Petition to him against the order of the
Collector
The Commissioner upheld the claim of the appellants to purchase the land under section 18 of the Act at the price assessed by the Assistant Collector but he modified the order in respect of 85 kanals 8 marlas which had been sold to the sons of Sheo Parshad
The final order in the proceedings was passed by the Financial Commissioner who by his order dated August 27 1962 held that the appellants
were not entitled to purchase the land under section 18 of the Act
Thereupon the appellants filed a petition under article 226 of the Constitution seeking to quash the order of the Financial Commissioner
The High Court was also of the opinion that the appellants being sub tenants were not entitled to apply under section 18 of the Act
The answer to the question whether the appellants are entitled to apply under section 18 of the Act depends upon the interpretation
of section 18 which reads as follows 18
Right of certain tenants to purchase land
1 Notwithstanding anything to the contrary contained in any law usage or contract a tenant of a land owner other than a small land owner 121 i who has been in continuous occupation of the land comprised in his tenancy for a minimum period of six years or ii who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together amount to six years or more or iii who was ejected from his tenancy after the 14th day of August 1947 and before the commencement of this Act who was in continuous occupation of the land comprised in his tenancy for a period of six years or more immediately before his ejectment shall be entitled to purchase from the land owner the land so held by him but not included in the reserved area of the land owner in the case of a tenant falling within clause i or clause ii at any time and in the case of a tenant falling within clause iii within a period of one year from the date of commencement of this Act Provided that no tenant referred to in this subsection shall be entitled to
exercise any such right in respect of the land or any portion thereof if he had sublet the land or the portion as the case may be to any other person during any period of his continuous occupation unless during that period the tenant was suffering from a legal disability or physical infirmity or if a woman was a widow or was unmarried Provided further that if the land intended to be purchased is held by another tenant who is entitled to preempt the sale under the next preceding section and who is not accepted by the purchasing tenant the tenant in actual occupation shall have the right to pre empt the sale
2 A tenant desirous of purchasing land under sub section 1 shall make an application in writing to an Assistant Collector of the First Grade having jurisdiction over the land concerned and the Assistant Collector after giving notice to the landlord and to all other persons interested in the land and after making such inquiry as he thinks fit shall determine the value of the land which shall be the average of the price obtaining for similar land in the locality during 10 years 213 immediately preceding the date on which the application is made
3 The purchase price shall be three fourth of the value of land as so determined
4 a The tenant shall be competent to pay the purchase price either in a lump sum or in six monthly instalments not exceeding ten in the manner prescribed
b On the purchase price or the first instalment thereof as the case may be being deposited the tenant shall be deemed to have become the owner of the land and the Assistant Collector shall where the tenant is not already in possession and subject to the provisions of the Punjab Tenancy Act XVI of 1887 put him in possession thereof
c If a default is
committed in the payment of any of the instalments the entire outstanding balance shall on application by the person entitled to receive it be recoverable as arrears of land revenue
5 If the land is subject to a mortgage at the time the purchase the land shall pass to the tenant unencumbered by the mortgage but the mortgage debt shall be a charge on the purchase money
6 If there is no such charge as aforesaid the Assistant Collector shall subject to any direction which he may receive from any court pay the purchase money to the landowner
7 If there is such a charge the Assistant Collector shall subject as aforesaid apply in the discharge of the mortgage debt so much of the purchase money as is required for that purpose and pay the balance if any to the land owner or retain the purchase money pending the decision of a civil Court as to the person or persons entitled thereto Land owner is defined in section 2 1  of the Act to mean person defined as such in the Punjab Land Revenue Act 1887 Act XVII of 1887 and shall include an allottee and lessee
as defined in clauses b and c respectively of section 2 of the East Punjab Displaced Persons Land ResettlementAct 1949 Act XXXVI of 1949 hereinafter referred to as the Resettlement Act
The explanation to section 2 1 reads In respect of land mortgaged with possession the mortgagee shall be deemed to be the land owner
 The word tenant is defined in section 2 6 as follows 214 Tenant has the meaning assigned to it in the Punjab Tenancy Act 1887 Act XVI of 1887 and includes a sub tenant and self cultivating lessee but shall not include a present holder as defined in section 2 of the Resettlement Act In the Land Revenue Act 1887 land owner has been defined as followsin s3 2 land owner does not include a tenant or an assignee of land revenue but does include a person to whom a holding has been transferred or an estate or holding has been let in farm under this Act for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof or in the enjoyment of any part of the profits of an estate
 It will be noticed that before a person can apply under section 18 of the Act he must be a tenant of a land owner other than a small land owner
There is no dispute that the land owner in this case is not a small land owner
The only question is whether the appellants who were sub tenants can be said to be tenants of the land owner within the meaning of section 18
If we look at the definitions of the words tenant and land owner it seems clear that a tenant of a tenant cannot be a tenant of the land owner because the definition expressly says that a land owner does not include a tenant
Apart from this the first proviso to sub section
 1  of section 18 makes it clear that a tenant who has sublet the land or a portion as the case may be to any other person during the period of his continuous occupation is disabled from applying under section 18 unless during the period of his continuous occupation the tenant was suffering from legal disability or physical infirmity or if a woman was a widow or was unmarried
In other words for example a tenant who is a widow would be entitled to apply under section 18 even though she had sublet the land which she desired to purchase
No satisfactory answer was given by the learned counsel for the appellants as to what would happen if both the sub tenant and the widow applied to purchase
Both sides have relied on the scheme of the Act but it seems to us that the scheme of the Act and the objects underlying the Act do not assist us in determining this question
It is well known that the main objects of the Act were to provide security to the tenants
settle tenants on land declared surplus and fix a ceiling on the total holding of land owners and tenants
It is also well known that it was a measure of agrarian reform
But these matters do 215 The answer must depend upon the language of section 18 fairly construed
If it was intended that a sub tenant should be entitled to purchase under section 18 we would have expected some provision in the Act to solve the difficulties which would arise if there was competition between the tenant and the sub tenant
There was some debate before us whether a tenant who has sublet would be treated to be in continuous occupation of the land during the period of sub tenancy within section 18  1  i but we think that the proviso to section 18 1  proceeds on the basis that the tenant is in continuous occupation even though he has sublet the land
It will again be noticed that under sub section
4b of section 18 on the purchase price being deposited the tenant becomes owner of the land
If the contention of the appellant was correct the subtenant would become the owner under sub section
4b but what will happen to the rights of the tenant  No satisfactory answer was given to this question
Again it will further be noticed that sub section
5 of section 18 talks of the mortgage of the land but it does not speak of the mortgage the rights of a tenant
It seems to us that the High Court was right in holding that the legislature did not intend to confer any rights under section 18 on the sub tenant
The fact that by sub letting the tenant is also not able to apply under section 18 by virtue of the first proviso to sub section
1  cannot confer rights on the sub tenant because he must himself be a tenant of land owner within section 18 of the Act
Mr Chagla says that it is a very hard case for the appellants have been in possession for over 30 years but if it is a hard case it is for the legislature to intervene and provide for such hard cases
In the result the appeal fails and is dismissed
There will be no order as to costs
YP Appeal dismissed


Summary:
The appellants who had been in occupation of certain agricultural lands for more than 30 years as sub tenants applied under section 18 of the Punjab Security of Land Tenures Act 1953 to purchase the lands
The final authority under the Act held that the appellants were not entitled to purchase the land
The appellants flied a writ petition in the High Court
The High Court held that the appellants being sub tenants were not entitled to apply under section 18 of the Act
Dismissing the appeal this Court HELD The Legislature did not intend to confer any rights under section 18 on the sub tenant
The word landowner  is defined in section 21 of the Act to mean a person defined as such in the Punjab Land Revenue Act 1887
Under the latter Act a landowner does not include a tenant
The definitions of the words tenant  and land owner  make it clear that a tenant of a tenant cannot be a tenant of the land owner Further 213 G 214 E a The first proviso to sub section
1 of section 18 makes it clear that a tenant who has sublet the land or a portion as the case may be
to any other person during the period of his continuous occupation is disabled from applying under section 18 unless during the period of his continuous occupation the tenant was suffering from legal disability or physical infirmity or if a woman was a widow or was unmarried 214 E F b If it was intended that a sub tenant should be entitled to purchase under section 18 some provision in the Act would have been there to solve the difficulties which would arise if there was competition between the tenant and the sub tenant 215 A B c If the contention of the appellant was correct the sub tenant would become the owner of the land under section 184b on the purchase price being deposited
No satisfactory answer was given as to what will then happen to the rights of the tenant and 215 C d Section 185 refers to mortgage of the land but it does not refer to the mortgage of the rights of a tenant
215 D