Summarize the following court judgment. 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. M.C. Chagla and Janardan Sharma	 for the appellants. B.C. Misra	 S.K. Mehta and K.L. 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 133(1)(c) 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. 6	730/ . 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 Resettlement)Act	 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 follows	in s.3 (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 (4)(b) 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 (4)(b); 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. Y.P. Appeal dismissed.

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 2(1) 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 18(4)(b) 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 18(5) refers to mortgage of the land but it does not refer to the mortgage of the rights of a tenant. [215 D]