D. P. MADAN, RANGANATH MISRA, Y. V. CHANDRACHUD
Ishar Singh – Appellant
Versus
Financial Commissioner – Respondent
JUDGMENT
CHANDRACHUD, CJI.:— On November 5, 1969. the appellant, who is a tenant of certain agricultural lands was allegedly dispossessed by the landlords. He brought a suit In a Civil Court for possession. That proceeding occupied a total period of one year, two months and thirteen days. The Civil Court dismissed the suit on the ground that it had no jurisdiction to entertain the suit since a suit for possession of agricultural lands had to be filed before the Collector under the Pepsu Tenancy and Agricultural Lands Act, 1955.
2. On July 29, 1971, the appellant filed all application under Section 43 of the Pepsu Tenancy Act for possession of the lands from the landlords. The Collector, before whom the application wag filed, dismissed the application on the sole ground that it was barred by limitation. He held that Section 50 of the Punjab Tenancy Act, 1887, prescribes a period of one year for filing an application for possession and that the said provision would govern applications filed under Section 43 of the Pepsu Tenancy Act. The appellant filed an appeal against the Judgment of the Collector which was allowed by the Commissioner, Patiala Division, who remanded the matter to th
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