S.C. Mittal, J. - (1.) GURBUX Singh, a tenant filed an application under Section 18 of the Punjab Security of Land Tenures Act. 1953, for purchasing the land comprised in his tenancy situate in village Malout, Tehsil Muktsar, District Ferozepoore (now in Faridkot). The application was opposed by his landlord Saudagar Chand successfully. Gurbux Singh finally filed revision petition before the learned Financial Commissioner Punjab, who dismissed the same by his order Annexure "E". The present petition under Articles 226 and 227 of The Constitution of India has been filed by Gurbux Singh for quashing the orders of the learned Financial Commissioner and the authorities subordinate to him. Saudagar Chand filed return in this Court strongly opposing the writ petition.
(2.) IT may be said at the outset that that Gurbux Singh had been a tenant on the land in question uad;r Saudagar Chand is not in dispute. The sole ground for dismissing the purchase application of Gurbux Singh is that the land comprised in his tenancy had been include a by Saudagar Chard in his reserved area.
(3.) LEARNED Counsel for Gurbux Singh vehemently urged that the reservation relied on by Saudagar Chand was wholly illegal therefore, the revenue authorities committed an error of law apparent on record by passing the impugned orders. In support of his arguments, reference was nude to the following facts and circumstances. The Punjab Security of Land Tenures Act, 1953, came into force on 15th April, 1953. As required by Section 2(3), it was imperative for Saudagar Chand to intimate in form "B" the authority concerned of reservation of his permissible area within six months from the date of the commencement of the Act. Furthermore, the said section lays down that reservation so intimated shall not be varied subsequently except, inter alia, with the consent in writing of the tenant affected by such variation. Accordingly, Saudagar Chand exercised his right of reservation through his brother Bool Chand whose khara was joint with Saudagar Chand Reference in this respect was made to Annexure -'A", copy of the entry dated 12th October 1953, of the daily diary report of the patwari to the effect that Bool Chand presented two "B" forms relating to lands of Saudagar Chand in three villages viz. Malout, Bhagwanpura and Karamgarh Having presented the requisite forms, Sardagar Chand was deterred from making any chance in bis reservation except as showed by Sub -section (3) of Section 5.;