D.K. Mahajan, J. - (1.) THIS order will dispose of Letters Patent Appeals Nos. 224 to 228, and 584 and 585 of 1970. The parties in these appeals are different but the facts relevant for the decision of these appeals are the same.
(2.) THE Appellants are tenants. They were inducted on the land after the coming into force of the Pepsu Tenancy and Agricultural Lanes Act, 1955 (Act No. 13 of 1955). The landlords prayed for their eviction on the basis of Section 8 of the Act. Ultimately, an order was passed by the Financial Commissioner whereby he rejected the applications of the landlords for eviction of the tenants. The landlords then filed petitions in this Court under Articles 226 and 227 of the Constitution of India. These petitions have been allowed by a learned Single Judge of this Court basing himself on the decision in Randhir Singh and Ors. v. Financial Commissioner and Ors., 1970 P.L.R. 631. That is how the tenants have come up in letters patent appeals to this Court. The sole contention that has been advanced by the learned Counsel for the Appellants is that if the provision of Sections 7, 7 -A and 8 of the Act are read together, it will be obvious that additional protection was granted to the tenants inducted after the coming into force of the Act and they occupied a better position than the tenants who were inducted before the Act. In our opinion, this contention is wholly unfounded and cannot succeed.
(3.) BEFORE proceeding to deal with the above contention, it will be profitable straightaway to refer to Section 32 -E of the Act which is in these terms: 32 -E. Notwithstanding anything to the contrary contained in any law, custom or usage for the time being in force, and subject to the provisions of Chapter IV, after the date on which the final statement in respect of a landowner or tenant is published in the Official Gazette, then - - (a) in the case of the surplus area of a landowner, or in the case of the surplus area of a tenant which is not included within the permissible limit of the landowner such area shall, on the date on which possession thereof is taken by or on behalf of the State Government, be deemed to have been acquired by the State Government for a public purpose and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such land shall be extinguished, and such rights, title and interest shall vest in the State Government free from encumbrances created by any person; and (b) in the case of the surplus area of a tenant which is included within the permissible limits of the landowner, the right and interest of the tenant in such area shall stand terminated: Provided that, for the purposes of Clause (a), where any land falling within the surplus area is mortgaged with possession, only the mortgagee rights shall vest in the State Government.;