L.M.GOYAL,F.C. - (1.) THESE are three revision petitions filed under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 invoking the suo motu powers of Financial Commissioner against the order of Commissioner, Hisar Division, Hisar dated 20.6.92 whereby he had dismissed the revision filed against the order of Collector, Sirsa dated 31.7.89. The Collector vide his order dated 31.7.89 had accepted appeal in two cases filed by tenants-S/Sh. Sultan and Pema and in the other case dismissed the appeal filed by the landlord against her tenant-Kalu.
(2.) BRIEF facts of the case are that Leela Dhar, his wife Gita Devi and three sons S/Sh. Badri Parsad, Bhageshwar Dass and Mahabir Prasad were big landowners who jointly owned agricultural land in different villages. All of them were declared big landowners under the provisions of Punjab Security of Land Tenures Act, 1953. The Competent Authority vide his order dated 28.9.61 determined the tenant's permissible area and surplus area after allowing landowners reservation of 60 SA as their permissible area. According to the identical order passed by the Competent Authority dated 28.9.61 passed in the surplus area cases of the 5 big landowners each one had a total holdings of 182.94 ordinary acres in the 3 villages of Risalia Khera, Ratta Khera and Ramgarh. This area increased by 1.21 acre due to consolidation in Ramgarh and, therefore, their total holdings became 184.15 acres. Out of this total holdings 100.60 acres in the three villages were under the old tenants. After allowing each landowner to retain 60 SA as their permissible area, 23.21 acres were declared as surplus in the hands of each of the big landowners. Form 'E' too specifying the field numbers reserved by the landowners as permissible area, was duly prepared. This order of the Competent Authority determining the surplus area as well as the permissible area and the TPA, was not challenged by any person and had become final.
(3.) SINCE the land holdings of the big landowners was joint, the 5 landowners effected mutual partition vide Civil Court decree dated 25.8.76. In the meantime Kalu one of the respondents who was an old tenant and whose land was kept in the record of tenant's permissible area by the Competent Authority in his order dated 28.9.61, filed a purchase application under Punjab Security of Land Tenures Act, 1953, which was duly allowed.;