Chandrachud, J. - (1.) The appellant Mahant Bikram Dass Chela, filed two applications for eviction of respondents 4 to 6 (hereinafter called Rs. the respondents) on the ground that they had committed default in the payment of rent. A compromise was arrived at between the parties on March 31, 1959, under which it was agreed that the respondents should pay to the appellant a sum of Rupees 11,872 by March 31, 1959 and the balance of six monthly instalments of Rs.1,000/- each. Respondents committed default in the payment of future instalments, upon which the appellant filed two applications on April 2, 1962 for their ejectment on the ground that they had failed to pay rent without sufficient cause. One of these applications covered an area of 117 Kanals and the other of 76 Kanals odd.
(2.) These applications were dismissed first by the Assistant Collector and in appeal by the Collector. The appellant then filed revision applications to the Commissioner, who, on March 1, 1965 made a recommendation to the Financial Commissioner to the effect that the orders of the Collector and the Assistant Collector be aside and a decree for ejectment be passed against the respondents. By his order dated November 26, 1965 the Financial Commissioner accepted the recommendation with regard to the area of 76 kanals and passed a decree evicting the respondents from that land. That order has become final.
(3.) In the other Revision pertaining to 117 Kanals, the Financial Commissioner by an order dated November 4, 1965 held that the ejectment petition filed by the appellant had become infructuous in view of the fact that the land was acquired by the Amritsar Improvement Trust, which had already taken possession thereof. According to the Financial Commissioner, since the Improvement Trust had taken possession of the land, respondents ceased to be tenants and the question of their ejectment did not arise for consideration.;