Case ID: 3745

Judgment:
l Appeal No. 2054/69. (Appeal by Special Leave from the Judgment and Order dated the 5 8 1969 of the Punjab and Haryana High Court in Regular Second Appeal No. 983 of 1969). V.C. Mahajan	 Mrs. Urmila Kapoor and Miss Kamlesh Bansal	 for the appellants. Ram Sarup and R. A. Gupta	 for respondent No. 1. The Judg ment of the Court was delivered by JASWANT SINGH	 J. This appeal by special leave which is directed against the judgment and order dated September 24	 1969	 of the High Court of Punjab and Haryana at Chandigarh	 passed in R.S.A. No. 983 of 1969 arises in the following circumstances : Bhawani Dass	 respondent No. 2 herein	 who owned agri cultural land measuring 50 kanals and 6 mafias comprised in Khewat No. 223	 Khatauni No. 467 468	 situate in village Kohlawas	 Tehsil Dadri	 District Mohindergarh	 sold the same to Munshi	 Dina and Rani Dutt	 appellants before us	 in lieu of Rs.10	000/ by means of registered sale deed (Ext. D 1) dated October 17	 1966. Alleging that he held as a non occupancy tenant under Bhawani Dass the aforementioned land on the date of its sale to the appellants and had continued to do so and as such had a preferential right of its purchase under clause Fourthly of section 15(1)(a) of the Punjab Pre emption Act	 1913 (Punjab Act 1 of 1913) which still applies to the State of Haryana	 Richpal	 re spondent No. 1 herein	 brought a suit on October 17	 1967 for possession of the said ' land by pre emption	 in the Court of the Sub Judge	 Charkhi Dadri. The suit was resist ed by the appellants contending inter alia that the plain tiff respondent was neither a nonoccupancy tenant of the land in question under Bhawani Dass	 vendor	 nor was he in possession of the land either on the day of the aforesaid sale or on the day of the institution off the suit. After settling the necessary issues and recording the evidence adduced by the parties	 the trial court by its judgment dated February 1	 1969	 decreed the suit in favour of the plaintiff pre emptor on payment of Rs. 10	000/ (the consid eration of the aforesaid sale) plus Rs. 727/ (the costs incurred by the vendees appellants on the stamps	 registra tion fee etc.) holding that he had been a tenant at will under the vendor from Kharif	 1957 to Rabi	 1968; that he was forcibly dispossessed after the sale; that wrongful eviction of a tenant could be of no consequence in the eye of law; that the plaintiff pre emptor continued to hold his rights as a tenant	 including the right to immediate posses sion and cultivation of the land notwithstanding his wrong ful ouster therefrom by the vendees who could not be allowed to take advantage of their own wrongs and the former must be deemed to continue in legal possession of the land which was comprised in his tenancy under the vendor on the date of the sale right upto the date of the suit and the date of the decree of the trial court in his favour. The trial court further held that 'a tenant 's eviction can only be had under sections 7 and 7A of the Pepsu Tenancy and Agricul tural Lands Act	 1955	 and there is nothing on the record of the case to even insinuate that the plaintiff 's tenancy 3 which subsisted at the time of the impugned sale was ever determined or terminated under section 7 or 7A of the Act and the plaintiff who was in physical possession of the land in suit as a tenant at the time of the sale has to be taken to be in legal possession up till the present moment '. In conclusion	 the trial could held that the mere act of forcible dispossession of the plaintiff pre emptor at the hands of the vendees after the sale could not have the effect of divesting him of his right to hold the land which he had acquired as a tenant of the vendor and in the eye of law he must be presumed to have continued to be a tenant all along and as such had a preferential right of pre emption. The judgment and decree passed by the trial court was affirmed in appeal not only by the Additional District Judge	 Gurgaon	 but also by a learned Single Judge and Letters Patent Bench of the High Court. Aggrieved by these decisions the vendees appellants have	 as already stated	 come up in further appeal to this Court. The sole point that has been urged before us on behalf of the appellants is that as according to the decision of this Court in Bhagwan Das vs Chet Ram(1) the plaintiff pre emptor has to prove his subsisting right of pre emption on all the three material dates viz.(1) the date of sale	 (2) the date of institution of the suit and (3) the date of passing of the decree and in the instant case	 he failed to file a suit in the revenue court for recovery of possession of the suit land within one year of the date of his dispos session as contemplated by section 50 of the Punjab Tenancy Act 1887 not only his remedy was destroyed but his right and title was also extinguished at the expiry of that period on the general principles underlying section 27 of the 	 which may not in terms be applica ble to the present case. Though the learned counsel for the appellants cited a few cases in support of his contention but did not unfortunately bring to our notice the decision of this Court in Dindyal & Anr. vs Raja Ram (2) which may in an appropriate case require reconsideration by a larger bench of this Court	 we think	 he cannot be allowed canvass the aforesaid point. A reference to the record of the case shows that the point now sought to be agitated before us was not raised by the appellants either in their written state ment or in the grounds of the three appeals preferred by them before the courts below. All that appeals from the record to have. been urged by them in the grounds of the aforesaid appeals was that the evidence had not been proper ly appraised and that in the absence of any lease deed in his favour or any receipt evidencing payment of rent by him to the vendor	 mere entries in the khasra girdawaries were not enough to establish that the plaintiff pre emptor was a tenant of the suit land under the vendor at the time of the sale. The suit land being situate in the district of Mohindergarh which formed part of the territories of the erstwhile of Pepsu	 the case	 as rightly observed by the court of first instance	 was governed by sections 7 and 7A of the Pepsu Tenancy and Agricultural Lands Act	 1955	 which in view of section 4 of that Act have an overriding effect and provide as under : "4. Act to over ride other laws Save	 as otherwise expressly provided in this Act	 the provisions of this Act (1) ; (2) 4 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instru ment having effect by virtue of any such law or any usage	 agreement	 settlement	 grant	 sanad or any decree or order of any court or other authority. Termination of tenancy. (1) No tenancy shall be terminated except in accord ance with the provisions of this Act or except of any of the following grounds	 namely : (b) that the tenant has failed to pay rent within a period of six months after it falls due; Provided that no tenant shall be ejected under this clause unless he has been afforded an opportunity to pay the arrears of rent within a further period of six months from the date of the decree or order directing his ejectment and he had failed to pay such ar rears during that period; (c) that the tenant	 not being a widow	 a minor	 an unmarried woman	 a member of the Armed Forces of the Union or a person incapa ble of cultivating land by reason of physical or mental infirmity has after commencement of the President 's Act sublet without the consent in writing of the landowner	 the land comprising his tenancy or any part thereof; (d) that the tenant has	 without sufficient cause	 failed to cultivate personally such land in the manner and to the extent customary in the locality in Which such land is situat ed; (e) that the tenant has used such land or any part thereof in a manner which is likely to render the land unfit for the purpose for which it was leased to him; (f) that the tenant	 on demand in writing by the landowner	 has refused to execute a kabuliyat agreeing to pay rent in respect of his tenancy in accordance with the provisions of sections 9 and 10. (2). . . . . 7A. Additional grounds for termination of tenancy in certain cases. (1) Subject to the provisions of sub sections (2) and (3)	 a tenancy subsisting at the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act	 1956 may be terminated on the following grounds in addition to the grounds specified in section 7	 namely : (a) that the land comprising the tenancy has been reserved by the land owner for his personal cultivation in accordance with the provisions of Chapter II: (b) that the landowner owns thirty standard acres or less of land and the land falls within the permissible limit; 5 Provided that no tenant shall be ejected under this subsection (i) from any area of land if the area under the personal cultivation of the tenant does not exceed five standard acres	 (ii) from an area of five standard acres	 if the area under the personal cultivation of the tenant exceeds five standards acres. until he is allowed by the State Government alternative land of equivalent value in stand ard acres. (2) No tenant	 who immediately preceding the commencement of the President 's Act has held any land continuously for a period of twelve years or more under the same land owner or his predecessor in title	 shah be ejected on the grounds specified in sub section (1) (a) from any area of land	 if the area under the personal cultivation of the tenant does not exceed fifteen standards acres	 or (b) from an area of fifteen standards acres	 if the area under the personal cultiva tion of the tenant exceeds fifteen standard acres; provided that nothing in this sub section shall apply to the tenant of a landowner who both	 at the commencement of the tenacy and the commencement of the President 's Act	 was a widow	 a minor	 an unmarried woman	 a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity. Explanation. In computing the period of twelve years	 the period during which any land has been held under the same land owner or his predecessor in title by the father	 brother or son of the tenant shall be included. (3) For the purpose of computing under sub sections (1) and (2) the area of land under the personal cultivation of a tenant	 any area of land owned by the tenant and under his personal cultivation shall be included. " It cannot	 in view of the above noted provisions of law and the decision of this Court in Rikh Ram & Anr. vs Ram Kumar & Ors.(1) be disputed that an order or decree direct ing eviction of a tenant is necessary to be obtained to bring about a determination of the tenancy. A fortiori	 a person who has been in possession of land with the right to possess it continues to hold the 'land and to be a tenant in spite of having been wrongfully put out of possession espe cially if he has initiated proceedings for recovery of possession. As in the instant case	 it has been concur rently found by all the courts below that the plaintiff pre emptor was a tenant of 'the suit land on the date of sale (1) 6 and it has not been alleged much less proved that his tenancy was	 thereafter determined or terminated on any of the grounds set out in sections 7 and 7A of the Pepsu Tenan cy and Agricultural Lands Act	 1955 and he had admittedly applied to the Tehsildar for restoration of his posses sion	 he cannot but be deemed to be a tenant of the suit land on the date of the sale as well as on all other materi al dates and thus fully qualified and entitled to pre empt the land. We must fairly state that our judgment is based on the provisions of law brought to our notice by counsel and our conclusion is confined to the interpretation of the Acts referred to above. For the foregoing reasons	 we do not find any merit in this appeal which is dismissed. In the circumstances of the case	 we leave the parties to bear their own costs of this appeal. P.B.R. Appeal dismissed.

Summary:
Section 7 of the Pepsu Tenancy and Agricultural Lands Act	 1955	 which deals with termination of tenancy	 provides that no tenancy shall be 'terminated except on any of the grounds mentioned in the section. Section 7 gives additional grounds for termination of tenancy in certain cases. Respondent No. 2 sold his land to the appellants. Claiming that he was a non occupancy tenant under respondent No. 2	 respondent No. 1 filed a suit for possession of the land by pre emption. The trial Court decreed the suit in favour of the plaintiff pre emptor holding that he had been a tenant at will on the date of the sale and that he was forcibly dispossessed after the sale. The District Judge as well as the High Court upheld the trial Court 's decision. It was contended on behalf of the appellants that the pre emptor had to prove his subsisting right of pre emption on the date of sale	 date of institution Of the suit and date of passing of the decree and since the plaintiff had failed to file a suit for recovery of possession under section 50 of the Punjab Tenancy Act	 1887 his right and title had been extinguished. Dismissing the appeal	 HELD: The plaintiff cannot but be deemed to be the tenant of the suit land on the date of sale as well as on all other material dates and is thus fully qualified and entitled to pre empt the land. [5H] The point now sought to be raised was not raised by the appellant in the Courts below. In view of the provisions of sections 7 and 7A of the Pepsu Tenancy and Agricultural Lands Act	 1955	 which have an over riding effect and the decision of this Court in Rikki Ram & Anr vs Ram Kumar & Ors it cannot be disputed that an order or decree di recting eviction of a tenant is necessary to be obtained to bring about a determination of the tenancy. A fortiori	 the person who has been in possession of the land with the right to possess it continues to hold the land and be a tenant in spite of having been wrongfully put out of posses sion specially if he has initiated proceedings for recovery of possession. [3E & 5F] Since in the instant case	 it has been concurrently found by the Courts below that the plaintiff pre emptor was a tenant of the suit land on the date of sale and it has not been alleged that his tenancy was thereafter determined or terminated on any of the grounds set out in sections 7 and 7A of the Act and the plaintiff had applied to the Tehsildar for restoration of possession	 he could not but be deemed to be a tenant of the suit land on the date of the sale as well as on all other material dates and thus fully qualified and entitled to pre empt the land. [5G] Rikki Ram & Anr. vs Ram Kumar & Ors. followed. Bhagwan Das vs Chet Ram ; and Dindyal & Anr. vs Rajaram referred to. 2