Law: Punjab Tenancy Act (XVI of 1887)

Section: 84,86(i),86(b),4(1)

  Revision-Second revision to be dealt with under principles laid down in S. 84, Punjab Tenancy Act (XVI of 1887)-Findings of fact not to be disturbed in revision.   Landlord and tenant-Ejectment-Application can be made by recognised agent of landlord-Punjab Tenancy Act (XVI of 1887), S. 86 (i) (b).   Punjab Tenancy Act (XVI of 1887), S. 4 (1) - Land does not cease to be land after acquisition for building purposes.   A I R 1924 Lah. 557 and A I R 1931 Lah. 726 ref.   ORDER   This is a second revision filed against an order dated the 3rd of March 1965, passed by the Additional Commissioner, Lahore, whereby the first revision preferred by the petitioner was rejected.   The facts of the case are that the land in dispute was acquired by the Government for the respondent. The tenant was occupying the land before acquisition and continued to do so after acquisition. The respondent put in an application under section 3 of the Punjab Protection and the Restoration of Tenancy Rights Act of 1950. The Revenue Officer, ordered ejectment of the petitioner. The petitioner went in appeal to the Collector, but it was dismissed. He then filed a revision before the Additional Commissioner, but it was rejected. Hence this second revision.   I have heard the learned counsel for the parties. This is a second revision and has to be dealt with under the principles laid down under section 84 of the Punjab Tenancy Act. The learned counsel for the petitioner argued at length that the Secretary of the Society was not authorized to put in an application before revenue officer. In this case, he referred me to the Notification issued by Government under section 86 (2) as Punjab Government Notification No. 728, dated 1-11-1887. This Notification refers to revenue Courts only and, so far as revenue officers are concerned, the plain meaning of the words used in section 86 (i) (b) have to be considered. There under an application can be brought by a recognized agent which would mean a duly authorized agent. In this case, the Secretary was authorised through a resolution. It is true that it was not a specific resolution meant for this particular case only…