Law: Punjab Tenancy Act (XVI of 1887)

Section: 99,100,77

  Punjab Tenancy Act (XVI of 1887), Ss. 99, 100-Assistant Collector's reference to be made through Commissioner under S. 99 and not S. 100-Reference be made after hearing parties-Revenue Officer's doubt that he is precluded from taking cogni zance-Whether condition precedent to making reference to High Court.   Punjab Tenancy Act (XVI of 1887) S. 77 . Group 11, cl. (d) protection of Evacuee Property Act, 1950, S. 11-Latter provi sion overrides former-Deputy Custodian competent to decide question of claim to an occupancy tenancy under evacuee landlord.   Plaintiff filed a suit in the Court of the Assistant Collector, 1st Grade, Pallandri under section 77 Group 11, clause (d) of the Tenancy Act and prayed that he should be declared occupancy tenant of the land under landlord, a similar suit had been filed by in the Court of Deputy Custodian which was decided by the Deputy Custodian dismissing the suit. On appeal the Custodian, after some inquiry, upheld that decision.   The Assistant Collector, 1st Grade, was of the view that the Deputy Custodian was not competent to entertain and adjudicate upon the claim of the plaintiff that he was an occupancy tenant in view of the provisions of section 77 Group Il clause (d) of the Tenancy Act, because only a Revenue Court had jurisdiction to hear such claim and adjudicate upon it. He, therefore, referred the matter to the High Court.   Question was whether the Deputy Custodian was competent to adjudicate upon the applicant's claim.   Held, that S. 11 of Protection of Evacuee Property Act, 1950 being later in date, would override the provisions of S. 77 of tenancy Act (XVI of 1887) so far as evacuee property was concerned.   JUDGMENT   This is a reference by Chaudry Mir Zaman, Assistant Collector, Ist Grace, Poonch, Pallandri which was despatched to this Court under No. 918 dated the 18th February, 1956. Hassan Shah plaintiff filed a suit in the Court of the Assistant Collector, Ist Grade, Pallandri under 'section 77 Group II, clause (d) of the Tenancy Act and prayed that he should be declared occupancy tenant of the land measuring 45 kanals and 5 marlas comprised of…