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1968 Supreme(SC) 311

R.S.BACHAWAT, S.M.SIKRI
Jaimal – Appellant
Versus
Financial Commissioner, Punjab – Respondent


Advocates:
B.C.MISHRA, M.C.CHAGLA

Judgement

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 landowner under Section 18 of the Punjab Security of Land Tenures Act (Punj. Act X of 1953)-hereinafter referred to as the Act.

2. It would be sufficient to give few facts. The appellants, Jaimal and Ram Sigh, 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 Nos. 4 to 10, who had given this land on lease to Sheo Parshad, respondent No. 8. It is not in dispute that the Appellants and their fathers had been in occupation of the land in dispute for the last 80 years, as sub-tenants under Sheo Parshad, respondent No. 8. 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 sons. The Assistant Collector, by his order dated November 30, 1959, accepted the application of the appel


































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