LPA No.1573 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

L.P.A. No.1573 of 2015 (O&M)in

Civil Writ Petition No.7735 of 2013

Date of decision: September 23, 2019

Krishan

...Appellant

Versus

Financial Commissioner, Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE RAJIV SHARMA,

ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr.Harkesh Manuja, Advocate for the appellant.

Mr.Sharad Aggarwal, Addl. AG, Haryana.

Mr.Rakesh Nagpal, Advocate for respondent No.4.

***

HARINDER SINGH SIDHU, J.

This Letters Patent Appeal has been filed against the judgment

dated 21.08.2015 in CWP No.7735 of 2013 titled 'Bimla Devi vs. Financial

Commissioner, Haryana and others' whereby the writ petition filed by

respondent No.4 assailing the order of the learned Financial Commissioner

dated 21.03.2013 was allowed.

The appellant had filed an application before the Assistant

Collector 2^nd Grade Tohana for correction of Khasra Girdawari from 'Kharif

2000' and for recording him as Gair Maurisi Tenant on land measuring 32

Kanal 04 Marlas, being 1/4^th share of the total land measuring 128 Kanal 17

Marlas comprised in Khewat No.71 Khatauni No.203 as per Jamabandi for

the year 1999-2000. Respondent No.4 filed objections contending that the

application of the appellant for correction of Khasra Girdawari was not

maintainable as he had not attached any document regarding tenancy or rent

LPA No.1573 of 2015 [2]

over the land in question. The Ld. AC 2^nd Grade rejected the objection vide

order dated 05.03.2007. Respondent No.4 assailed that order before the

Commissioner, Hisar Division, Hisar, who vide order dated 24.12.2008 set

aside the order of the AC 2^nd Grade. Appellant challenged the order of the

Commissioner by filing ROR No.529 of 2008-2009 which was accepted by

the learned Financial Commissioner vide order dated 27.03.2009.

Respondent No.4 filed CWP No.17782 of 2009. The writ petition was

allowed. The order of the Financial Commissioner was set aside and the

matter was remanded back to the Financial Commissioner for fresh

decision.

The Financial Commissioner vide order dated 21.03.2013

again accepted the revision petition filed by the appellant. The parties were

directed to appear before the AC 2^nd Grade Tohana for further proceedings.

Respondent No.4 filed CWP No.7735 of 2013 assailing the

order of the Financial Commissioner. The writ petition was allowed. The

order of the Financial Commissioner dated 21.03.2013 was set aside.

Aggrieved the appellant has filed the present LPA.

The learned single Judge noticed that the appellant had filed a

civil suit for permanent injunction against respondent No.4 and six other

persons for restraining them from interfering in his peaceful possession in

the capacity of tenant on 'Batai Tihai' in respect of the same agricultural

land measuring 32 Kanal 04 Marlas. The civil suit was dismissed on

08.01.2010 by the Additional Civil Judge (Senior Division), Tohana. It

was held that the appellant has not been able to prove that he was in

possession over the suit land as tenant Gair Maurisi on 'Batai Tihai'. The

LPA No.1573 of 2015 [3]

appeal of the appellant was dismissed by District Judge, Fatehabad on

16.04.2011. RSA No.2041 of 2011 filed by the appellant was dismissed by

this Court on 23.05.2011. SLP(Civil) No.16181 of 2011 was dismissed on

10.10.2011.

The appellant has argued that he had filed Civil Suit

No.315/RBT on 23.05.2006 for injunction for restraining the defendants

therein from dispossessing him which was decreed in his favour. The Ld.

Single Judge held that the decree in the said civil suit was of no avail to the

appellant. Firstly, it was an ex parte decree. Secondly, respondent No.4

was not a party in that suit. Respondent No.4 is Bimla Devi widow of

Jagdish son of Hetram. Defendant No.6 in that civil suit was Bimla