Case: Dasaudha Singh &amp; Ors. Etc. Etc Vs. State Of Haryana &amp; Ors

being fully alive to the matter of compensation it would be legitimate to assume that it did not intend to make any provision when possession was to be handed over by the tenant to the original owner pursuant to an order made under Section 7. The reason apparently for not making any pro-visions for compensation one way or the other was that it was clearly contemplated that the tenant would have to give up possession on the expiry of the term of the lease which was for a long period and during which he was expected, as has been observed before, to derive the maxi-mum benefit by means of cultivation of food and foodgrains crops. Since the provisions of the Tenancy Act have been held to be inapplicable to the tenant as defined by the Act we are unable to hold that he was entitled to any compensation before giving up possession in compliance with the order made under Section 7 of the Act. 12. Before the High Court it had been urged on behalf of the appellants that they cloud be ejected only in accordance with the pro-visions of the Punjab Security of Land Tenures Act 1953. The High Court held that owing to Section 21(1) nothing contained in that Act should affect any Land held by a tenant or lessee under the Government. Mr. Dutta who represented some of the appellants before us did not press any argument relating to the applicability of the provisions of the Land Revenue Act to the case of the appellants. At any rate, and this position has been rightly conceded by the counsel for the respondents, the appellants cannot be debarred from taking benefit of or seeking protection under any enactment if they can establish that they are governed by its provisions. 13. Dr. Singhvi who argued Civil Appeal No. 825/72 has raised some other points in addition to those already disposed of. According to him after the Registrar of Co-operative Societies had settled the dispute between the Karnal Society and the Lyallpur Society the latter took no interest in 175 acres of land situate in village Pahowa which had been allotted to it and which were brought under cultivation by the appellants Dasaudha Singh and others. This, it is said was done with the tacit approval of the Collector. It is, however, admitted that the lease was in favour of the aforesaid societies and the allegation that the appellants brought this land under cultivation with the tacit approval of the Collector contained in para 5 of the Writ Petition was denied in the written statement filed on behalf of the respondents. In the Jamabandi entries of 1963–64 the entry was as follows: ––?The Collector, Karnal, Lessor, Karnal Co-operative Farmers, Karnal, Lyallpur Co-operative Farmers, Karnal in equal share Lessees. Cultivation Layallpur Co-operative Farmers, Karnal through Dasaudha Singh.…………………..tenants at–will?. It is difficult to understand how the Jamabandi entry helps the appellants at all. It seems to indicate that the persons who were shown, as tenants at will were cultivating it under the societies which were the lessees. They could not, therefore, claim any better rights then the societies which were the tenants of the Collector and amenable to his Jurisdiction under the Act. It may be mentioned that in the High Court this point does not appear to have been argued and we do not have the benefit of any finding of that Court on that point. It has, further, been submitted on behalf of the appellants that before any orders were made under Section. 7 of the Act the tenants or the persons in occupation of the lands in question should have been given an opportunity of being heard to satisfy the well-settled rule of natural justice. Under Section 7 the Collector has to decide and name the owners to whom possession shall be given. The tenant can have no locus stand in that matter in which if there were any rival claimants they alone would be interested. The scheme of Section 7 is such that it is not possible to read into it any requirement of a notice being issued to the tenants before any order is made by the Collector under that section. 14. Before the High Court only in one case i.e. C.W. 2171/71 it was pointed out that the petitioners therein had purchased 6 acres of land from the original land owner and as such the Collector could not legally dispossess them from that portion of the land. The Additional Advocate General conceded that in case that area had been purchased by the petitioners in that writ petition they would not be dispossessed and the possession would be restored to them if dispossession had taken place. On behalf of a number of appellants it has been contended that several portions of lands in dispute have been purchased from the original owners and the purchasers are actually in possession. It is not disputed by the counsel for the respondents that if any person has acquired the ownership rights in any of the lands which were the subject matter of the writ petition he can approach the Collector who will consider his case fully and if it is proved that he has become an owner then his possession will not be disturbed and no orders will be made with regard to the area in his occupation or possession under Section 7. This will fully safeguard the interest of those persons who have acquired ownership rights either before or during the pendency of the proceedings in the High Court or even in this Court. 15. Lastly we cannot help observing that the appellants will be put to a good deal of hardship by being asked to give up all lands which they had been cultivating for so many years and which probably are the main source of their livelihood. But that hardship could be alleviated or some relief given by legislation alone. The Court unable to do anything in the matter.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It is difficult to understand how the Jamabandi entry helps the appellants at all. It seems to indicate that the persons who were shown, as tenants at will were cultivating it under the societies which were the lessees. They could not, therefore, claim any better rights then the societies which were the tenants of the Collector and amenable to his Jurisdiction under the Act. It may be mentioned that in the High Court this point does not appear to have been argued and we do not have the benefit of any finding of that Court on that point. It has, further, been submitted on behalf of the appellants that before any orders were made under Section. 7 of the Act the tenants or the persons in occupation of the lands in question should have been given an opportunity of being heard to satisfy the well-settled rule of natural justice. Under Section 7 the Collector has to decide and name the owners to whom possession shall be given. The tenant can have no locus stand in that matter in which if there were any rival claimants they alone would be interested. The scheme of Section 7 is such that it is not possible to read into it any requirement of a notice being issued to the tenants before any order is made by the Collector under that section14. Before the High Court only in one case i.e. C.W. 2171/71 it was pointed out that the petitioners therein had purchased 6 acres of land from the original land owner and as such the Collector could not legally dispossess them from that portion of the land. The Additional Advocate General conceded that in case that area had been purchased by the petitioners in that writ petition they would not be dispossessed and the possession would be restored to them if dispossession had taken place. On behalf of a number of appellants it has been contended that several portions of lands in dispute have been purchased from the original owners and the purchasers are actually in possession. It is not disputed by the counsel for the respondents that if any person has acquired the ownership rights in any of the lands which were the subject matter of the writ petition he can approach the Collector who will consider his case fully and if it is proved that he has become an owner then his possession will not be disturbed and no orders will be made with regard to the area in his occupation or possession under Section 7. This will fully safeguard the interest of those persons who have acquired ownership rights either before or during the pendency of the proceedings in the High Court or even in this Court15. Lastly we cannot help observing that the appellants will be put to a good deal of hardship by being asked to give up all lands which they had been cultivating for so many years and which probably are the main source of their livelihood. But that hardship could be alleviated or some relief given by legislation alone. The Court unable to do anything in the matter.