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2021 Supreme(SC) 690

K.M JOSEPH, S.RAVINDRA BHAT
ASSA SINGH (D) BY LRS. – Appellant
Versus
SHANTI PARSHAD(D)BY LRS. – Respondent


Advocates appeared:
For the Petitioner(s):Vineet Bhagat, K. G. Bhagat, Manju Bhagat, Archna Midha, Advocates
For the Respondent(s):Mr. Jagjit Singh Chhabra, Advocate

JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. An application for Ejectment was filed by the Appellants and Proforma Respondents 2 to 21 for ejectment of Respondent No. 1 on the ground of nonpayment of rent. The application was filed under the Punjab Security of Land Tenures Act, 1953 hereinafter referred to as ‘the Act’. The application was allowed by the Assistant Collector 1 st Grade, Ferozepur by Order dated 13.09.1972. The appeal filed by the first respondent before the Collector, Ferozepur under Section 24 of ‘the Act’ was dismissed vide order dated 04.09.1973. The Commissioner by order dated 04.02.1974 on revision filed by the first respondent recommended to the Financial Commissioner, Punjab for setting aside the order leaving the parties to seek relief through the Civil Court. This reference was disallowed and the revision petition of the first respondent was dismissed by the Commissioner, Punjab vide his order dated 22.08.1974. The review filed by the first respondent was dismissed. The first respondent instituted a Suit wherein the relief sought as noted in the judgment of the Trial Court is:

    “... declaration to the effect that agricultural land measuring 594 kanals 17 marl

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