Punjab-Haryana High Court
Mohinder Singh vs Financial Commissioner on 20 October, 2009
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 14881 of 2009
Date of decision : 20.10.2009
Mohinder Singh
..... Petitioner
Versus
Financial Commissioner, Appeals-I, Punjab
and Others
..... Respondents
Present: Mr. Prem Nath Aggarwal, Advocate for the petitioner.
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S.S. SARON, J.
This petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the order dated 27.5.2005 (Annexure P2) passed by the Assistant Collector Ist Grade, Jalalabad in execution proceedings for execution of the decree dated 11.6.2004 (Annexure P1) for possession of land measuring 4 kanals 10 marlas comprised in Rectangle No.7, Killa No.7 min in village Ladhuwala Hithar, Tehsil Jalalabad, the order dated 2.2.2006 (Annexure P3) passed by the District Collector, Ferozepur, the order dated 4.6.2009 (Annexure P6) passed by the Commissioner, Ferozepur Division, Ferozepur and the order dated 21.7.2009 (Annexure P8) passed by the learned Financial Commissioner (Appeals-I), Punjab whereby the appeal and revision petitions respectively have been dismissed.
CWP No. 14881 of 2009 [2]
Smt. Matto and seven other land owners filed an application for ejectment in Form 'L' under Section 9(1) read with Section 14-A (i) of the Punjab Security of Land Tenures Act, 1953 ("1953 Act" - for short) against their tenant Pathana Singh seeking his ejectment from the land in question measuring 4 kanals 10 marlas. It was alleged that tenant had not paid any rent for the land in question from the Crop Kharif 1993 to Rabi 1996 without any sufficient cause. Pathana Singh had died on 24.7.2000. His legal representative who is the present petitioner was impleaded as party in the case. The application of the land owners was allowed by the Assistant Collector Ist Grade vide order dated 11.6.2004 (Annexure P1). The appeal of the petitioners before the Collector, Ferozepur was dismissed on 25.4.2005. Their revision petition before the Commissioner, Ferozepur Division, Ferozepur was dismissed on 29.3.2007. According to the petitioners, they were unaware about the dismissal of the revision petition by the Commissioner, Ferozepur Division, Ferozepur. Therefore, they could not file a petition before the learned Financial Commisioner (Appeals-I), Punjab immediately. They came to know about the dismissal of the said revision petition by the Commissioner, Ferozepur Division, Ferozepur on 4.6.2009 when their revision petition against the order dated 2.2.2006 (Annexure P3) in appeal against the order of execution dated 27.5.2005 (Annexure P2) was dismissed by the Commissioner, Ferozepur vide order dated 4.6.2009 (Annexure P6) and they filed a revision petition before the learned Financial Commissioner, Punjab which was dismissed on 14.7.2009. Against the said order dated 14.7.2009, the petitioners filed CWP No.14773 of 2009 which has been dismissed by this Court by a separate order passed today.
The limited grievance of the petitioner in the present petition is that in terms of Section 47 of the Punjab Tenancy Act, 1887 a decree or order CWP No. 14881 of 2009 [3] for the ejectment of a tenant shall not be executed at any other time than between the first day of May and the fifteenth day of June (both days inclusive), unless the Court making the decree or, where the order is made under Section 44, the officer making the order, otherwise directs.
In the present case, the land owners had filed an application for execution on 6.5.2005 to obtain possession of the land in question in execution of the ejectment order dated 11.6.2004 (Annexure P1). On the said execution application, the Assistant Collector Ist Grade, Jalalabad (respondent No.4) on 27.5.2005 (Annexure P2) passed an order to the effect that warrants of possession be issued for delivery of possession of the land in question. Against the order dated 27.5.2005 (Annexure P2), the petitioner and respondents No.1 to 15 filed an appeal before the Deputy Commissioner- cum-District Collector, Ferozepur which was dismissed on 2.2.2006 (Annexure P3). The warrants of possession in favour of land owners regarding land in question were issued by the Sub-Divisional, Magistrate- cum-Assistant Collector Ist Grade on 3.6.2005. In between the Commissioner, Ferozepur Division, Ferozepur in revision petition FL-15 of 2005 titled Mohinder Singh etc. v. Smt. Charno etc. extended the stay order already granted by him. In view of the stay being extended by the Commissioner, Ferozepur Division, Ferozepur, the proceedings in the execution application were adjourned sine die by the Assistant Collector Ist Grade, Jalalabad on 28.7.2006. Ultimately, the revision petition of the petitioner against the orders dated 27.5.2005 (Annexure P2) and 2.2.2006 (Annexure P3) of the Assistant Collector Ist Grade, Jalalabad and the District Collector, Ferozepur respectively was dismissed by the Commissioner, Ferozepur Division, Ferozepur on 4.6.2009 (Annexure P6). The revision petition against the same was dismissed by the learned Financial CWP No. 14881 of 2009 [4] Commissioner on 21.7.2009 (Annexure P8). A perusal of the order dated 21.7.2009 (Annexure P8) would show that the learned Financial Commissioner (Appeals-I), Punjab had considered the question regarding the period of execution of warrants of possession in terms of Section 47 of the Punjab Tenancy Act, 1887. It was held that the same was not applicable as warrants of possession were dated 27.5.2005 and had rightly been issued. In the circumstances, no justification was found for giving any relief to the petitioner and the revision petition was dismissed in limine.
According to the learned counsel for the petitioner, the warrants of possession in respect of the land in question are to be executed only during the period from the first day of May and fifteenth day of June (both days inclusive).
In my view, this aspect is to be considered and gone into by the executing Court. In terms of Section 47 of the Punjab Tenancy Act, 1887, it is provided that an order for the ejectment of tenant is not to be executed at any other time than between the first day of May and the fifteenth day of June (both days inclusive). However, it is also provided that unless the Court making a decree or where the order is made under Section 44, the officer making the order otherwise directs. Therefore, this aspect and objection regarding the same are to be taken before the executing Court. Even otherwise the warrants of possession in the present case were issued between the period of 1st May and 15th June. As such, there is no infirmity in the order passed in the present case and the learned Financial Commissioner (Appeals- I), Punjab has held that the warrants of possession had rightly been issued on 27.5.2005 which is between the period of first day of May and the fifteenth day of June.
CWP No. 14881 of 2009 [5]
Accordingly, there is no merit in this petition and the same is dismissed. The petitioner may, however, raise his objection for the execution of his warrants before the executing Court.
(S.S. SARON) JUDGE October 20, 2009 amit