24 February 1970
Supreme Court
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SAHIB RAM ETC. Vs THE FINANCIAL COMMISSIONER, PUNJAB & OTHERS

Case number: Writ Petition (Civil) 116 of 1968


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PETITIONER: SAHIB RAM ETC.

       Vs.

RESPONDENT: THE FINANCIAL COMMISSIONER, PUNJAB & OTHERS

DATE OF JUDGMENT: 24/02/1970

BENCH: VAIDYIALINGAM, C.A. BENCH: VAIDYIALINGAM, C.A. SHELAT, J.M.

CITATION:  1971 AIR  198            1970 SCR  (3) 796  1970 SCC  (1) 524  CITATOR INFO :  D          1974 SC 994  (26,70,72,73,91,113,117)

ACT:     Punjab Security of Land Tenures Act 10 of 1953,  Section 18(1), sub ss. (i) & (ii)-Scope of-Whether to claim right of purchase tenant should have been in continuous occupation of land for 6 years before Act came into force.

HEADNOTE: The question that arose for decision in these writ petitions and  civil appeals was whether a tenant, in order  to  claim the  right of purchase as against the land-owner,  under  s. 18(1)  of the Punjab Security of Land Tenures Act X of  1953 should  have  been  in continuous  occupation  of  the  land comprised  in his tenancy for a minimum period of six  years on  the date when the Act came into force (April 15,  1953), or on the date when he files the application for purchase to the  concerned authority under the Act.  A subsidiary  point for  consideration  was whether the person  who  claims  the right  to  purchase, should have been a tenant on  the  date when the Act came into force.     HELD : In order to claim a right of purchase as  against the land owner s. 18(1)(i) of the Act, the minimum period of six  years should have been completed at the time  when  the application  for purchase by the tenant is made, and  it  is not necessary that he should have been a tenant of the  land on  April  15,  1953.  Provided  the  other  conditions  are satisfied  such  a tenant will be entitled to  purchase  the land. [808 G]     Section  18(1)(i) gives a right to a tenant to  purchase the  land;  and  that  right has  to  be  examined  when  an application under s. 18 is made and cannot be denied on  the ground  that he was not a tenant for more than six years  on April 15, 1953.  There is no limitation placed under cl. (i) of  s. 18(1) that the tenant who exercises his right  should be  a tenant on the date of the Act or that he  should  have completed  the  period of six years on April  15,  1953  and there is no warrant for reading in s. 18(1)(i) clauses which it does not contain.  It is enough if the continuous  period of six years has been completed on the date when the  tenant files the application for purchase of land, [808 C]

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   When  the object of the Act as seen from clause (ii)  of section 18(1) is to attract even a tenant who-got back  into possession  of the land after the date of Act, there  is  no reason  why a limitation should be read into clause  (i)  in respect of a tenant who is in possession of the land that he should  have  completed the period of six  years  continuous occupation even prior to the date of the Act.     Clause (iii) dealing with the third category of tenants, admittedly  relates  to a tenant evicted from  the  property even  before  the  date  of  the Act  and  who  was  not  in possession  on the day when the Act came into  force.   But, nevertheless, if such tenants had been in continuous posses- sion for six years at the time of their ejectment which must be before the date of the Act, they are entitled to purchase the  property  but  that right must be  exercised  within  a period of one year from the date of the commencement of  the Act. [807 B]     It stands to reason that the tenants coming under clause (i)  and (ii) who are in actual possession of the land  have been given the option 797 either  to continue as tenants and pay rent or  to  exercise their  right to purchase the land at any time.  There is  no question  in their case of there being any time-lagor  doubt because,,  being in possession no other person’s right  wilt normally be affected; whereas in the case of a tenant coming under clause (iii), he has already gone out of the land  and therefore  the Legislature has specifically provided a  very short  period  of  one year from the date  of  the  Act  for exercising, if he so chooses, his right to purchase the land provided he satisfies the other conditions mentioned in  the section. [807 F-H]     Ganpat v. Jagmal, (1963) Punj.  L.R. 652; Amar Singh  v. State  of Punjab, I.L.R. [1967] 2 Punj. & Har. 120; Mam  Raj v.  State  of  Punjab, I.L.R. [1969] 2  Punj.  &  Har.  680; distinguished.

JUDGMENT: ORIGINAL  JURISDICTION : Writ Petitions Nos. 116 and 190  to 214 of 1968.     Petition under Art. 32 of the Constitution of India  for the enforcement of fundamental rights; and     Civil  Appeals  Nos. 2356 and 2357 of 1966 and  1508  to 1514 and 1471 of 1968.     Appeals  from  the judgment and order dated  October  1, 1963 of the Punjab High Court in Civil Writ Nos. 715 of 1963 etc.     S.  K.  Mehta, K. L. Mehta and Sona  Bhatiani,  for  the petitioners (in all the petitioners) and the appellants  (in C.As. Nos. 1508 to 1514 of 1968).     E. C. Agarwal, for respondents Nos. 5 and 6 (in W.P. No. 116 of 1968) and respondent no. 5 (in W.P. Nos. 191 and  209 of 1968 and C.As. Nos. 1508 to 1514 and 1471 of 1968).     The Judgment of the Court was -delivered by     Vaidialingam,  J.  The common question that  arises  for consideration  in all these writ petitions filed under  Art. 32  and  the civil appeals, on certificates granted  by  the High Court, is whether a tenant, in order to claim the right of purchase as against the landowner, under s. 18(1) of  the Punjab  Security of Land Tenures Act, 1953 (Act X  of  1953) (hereinafter  referred to as the Act), should have  been  in continuous occupations of the land comprised in his  tenancy for a minimum period of six years, on the date when the  Act

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came  into, force (April 15, 1953), or on the date  when  he files   the  application  for  purchase  to  the   concerned authority under the Act.  A subsidiary point also arises for consideration viz., whether the person who claims the  right to purchase, should have been a tenant on the date when  the Act came into force.    The  circumstances under which these writ  petitions  and appeals arose, may be briefly stated. 798      We  shall first take up for consideration Civil  Appeal No. 2356 of 1966. Respondents 2 and 3, who are the tenants under the appellant land-owner, in this appeal, filed on January 10, 1961 before the  Assistant Collector, I Grade, Fazilka,  an  application under S. 18(1) of the Act for purchase from their  land-lord 19  acres and 7 kanals of land comprised in  their  tenancy. Their  case was that they had been in continuous  occupation of the land comprised in their tenancy for a minimum  period of  six years and, as such, they were entitled  to  purchase the  land.  Their claim was resisted by the appellant  land- owners on the ground that it was only those tenants who  had completed a continuous period of six years of tenancy  prior to the commencement of the Act who were entitled to purchase the land under S. 18(1) of the Act and as the applicants did not satisfy that test, the application was not maintainable. The  Assistant Collector, by his order dated March 29,  1961 over-ruled  the objections of the land-owners and held  that the  application  filed by the tenants was  maintainable  as similar  purchase applications had been entertained  without regard to -any date of completion of six years of continuous tenancy  and  in  this view the matter was  directed  to  be posted for further hearing.  The appellants challenged  this order  of the Assistant Collector by an appeal taken  before the  Collector, Ferozepore.  The Collector, by  order  dated June  9, 1961 reversed the order of the Assistant  Collector and  held  that  no tenant who had not  been  in  continuous possession  for  six years on the commencement  of  the  Act could  apply, under s.18(1) of the Act, for  purchasing  the property  and  that  the six year period  should  have  been completed at the time the Act came into force.  In this view he  held that the application filed by the tenants  was  not maintainable.       The  tenants carried the matter in appeal  before  the Additional  Commissioner,  Jullundur Division, who,  by  his order dated December 14, 1962 agreed with the Collector  and dismissed  the appeal.  The tenants went in revision  before the  Financial  Commissioner, Revenue Punjab,  who,  by  his order  dated  April  24, 1963 reversed  the  orders  of  the Collector  and the Additional Commissioner.   The  Financial Commissioner held that the right of purchase under S.  18(1) of  the  Act could be exercised by a  tenant  whose  tenancy existed  on the date of the commencement of the Act and  who has  been in continuous occupation of the land comprised  in his tenancy for a minimum period of six years on the date of the  application for the purchase of the land and  the  land has  not  been included in the reserved area  of  the  land- owner.   The  Financial Commissioner further  held  that  -a tenant who, on 799 the date of the application for purchase, own or holds  land exceeding  the  permissible  area will not  be  entitled  to purchase  the land under his tenancy.  After  setting  aside the orders of the Collector   and       the       Additional Commissioner,  the matters  were remanded to the  Assistant, Collector, Fazilka, for a decision on merits.

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     The appellants-land owners filed Civil Writ No. 715 of 1963 in the High Court of Punjab to quash the orders -of the Financial  Commissioner,  Revenue, Punjab.  The  tenants  of certain  other  properties had also filed  applications  for purchase and their landlords had filed Civil Writ No. 716 of 1963  before the Punjab High Court.  Both these  Civil  Writ Petitions  were disposed of by common judgment of  the  High Court, dated October 1, 1963.  After a consideration of  the scheme of the Act and in particular the provisions of S. 18, the High Court held that to have the benefit of S. 1 8 ( I ) (i),  the  tenants must be in continuous occupation  of  the land under their tenancies for a period of six years on  the date  of  making  the application for  purchase  under  that section.   Accordingly the High Court agreed with the  views expressed  by the Financial Commissioner on this  point  and left  open  for  consideration by  the  Assistant  Collector certain  other aspects that appear to have ’been pressed  on behalf of the tenants.     Civil  Appeals  No. 2356 of 1966 and 2357  of  1966  are directed  against the orders passed in Civil Writ  Petitions Nos.715 and 716 of 1963 respectively. Similarly, a group  of eight  civil  writ petitions had been filed by  other  land- owners before the Punjab and Haryana High Court  challenging the  orders passed by the Financial  Commissioner,  Revenue, upholding  the  right of the tenants to purchase  the  lands concerned. Civil Appeals Nos. 1471 of 1968 and 1508 to  1514 of  1968 are directed against the orders passed by the  High Court dismissing those writ petitions.     Certain    other   land-owners   had    contested    the maintainability  of applications filed by their tenants  for purchase under s.18(1) and had made request to the concerned authorities  to stay the proceedings and await the  decision of  this Court in Civil Appeals No. 2356 and 2357  of  1966. Apart   from   questioning  the   maintainability   of   the application filed by the tenants and the jurisdiction of the authorities to entertain those applications,  certain  other contentions   had   also  been  taken  by   the   landlords. Stay  of  proceedings  asked  for  by  the  land-owners  was declined  by the authorities and finally, by  the  Financial Commissioner,Revenue, by his order dated February 29,  1968. Against  this common order Writ Petitions Nos. 116  of  1968 and  190 to 214 of 1968 have been filed, under Art.  32.  In those Writ Petitions 800 the  jurisdiction  of  the  authorities  to  entertain   the applications  under s. 18, filed by the tenants, arises  for consideration.     At the outset we may state that in all these matters  we are giving our decision only regarding the interpretation of s.  18  of  the Act with special  reference  to  the  points mentioned  at the beginning of this judgment, and any  other matters   which  may  arise  for  consideration   in   these proceedings  are  left open to be adjudicated  upon  by  the appropriate  authorities concerned, before whom  proceedings may be pending.     On  behalf  of  the land-owners, Mr.  B.  R.L.  lyengar, learned   counsel,  after  a  reference  to   the   material provisions of the Act, urged that the interpretation put  on s.  18 by the High Courts against the entire scheme  of  the statute and that such an interpretation will defeat the very object  and  purpose  for which the  Act  had  been  passed. Counsel pointed out that the Act clearly indicated that  the lands treated as surplus area were exclusively intended  for being utilised for re-settlement of tenants already  ejected from  the land or who were liable to be ejected under  s.  9

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(1) (i) of the Act.  He further pointed out that if the test of six years’ continuous occupation, dealt with under s.  18 of the Act, is considered to be satisfied with reference  to the  date  when the application for purchase is  made  by  a tenant, as held by the High Court, there will be a  conflict between  s.  10-A  and s. 18.  Counsel  finally  urged  that having   regard  to  the  scheme  of  the  Act,   continuous possession  for a minimum period of 6 years under s.  18  of the  Act  must be such possession on the date the  Act  came into  force  viz., April 15, 1953 and tenants  who  did  not satisfy  this  condition were not entitled to  exercise  the right of purchase under s. 1 8.     Mr.  S.  V.  Gupte, learned counsel  appearing  for  the tenants,  on the other hand pointed out that the  object  of the Act was to put a ceiling on the extent of property  that could be held by a tenant or a landlord and for  stabilising tenancies  of long duration and confer on such  tenants  the -right  of  pre-emption and a right  of  purchase.   Counsel pointed  out that the Act did not snap the relationship,  of landlord  and  tenant,,  but, on the other  hand,  tried  to maintain  the  same.  There was no prohibition,  he  pointed out,  anywhere in the Act against creation of new  tenancies after  April 15, 1953.  He further urged that the scheme  of the  Act clearly indicated that apart from other  rights,  a right  of purchase was given to a tenant who was  in  actual possession  of  the  land and if the  tenant  satisfied  the requirement  of having been in continuous possession  for  a minimum  period  of six years on the date of his  filing  an application for purchase, S. 18(1)(i) would stand attracted. It was also urged that having due regard to the various 801 provisions of the Act, there was no warrant to restrict  the right  of purchase under s. 18 (1) (i) only to a tenant  who had been in continuous occupation of the land for a  minimum period of six years on the date of the coming into force  of the Act. The  other  learned  counsel, appearing  in  some  of  these matters  either  for the landlords or for the  tenants  have adopted  the  arguments  of  Mr.  lyengar  and  Mr.   Gupte, respectively. It  is necessary to broadly consider the general  scheme  of the  Act in the first instance.  The Act came into force  on April  15,  1953 and it was to provide for the  security  of land tenure and other incidental matters.  The Act has  been amended  from  time to time in 1953, 1955,  1959  and  1962. Under the Act, as originally passed, it is to be noted  that there were two other sections viz., ss. 7 and 15, which were later  omitted.   Even under s. 18,  originally  the  period provided was 12 years.  By the amendment Act.  Punjab Act Xi of 1955, the period was reduced to 6 years. As Mr. lyengar, in the course of his arguments, has referred to  ss.  7 and 15, we shall just refer to the  substance  of those  provisions.   Section  7, dealing  with  the  minimum period  of  tenancy, provided that no tenant on  land  other than  the reserved area of a landowner shall be  liable  for ejectment  before the expiry of a period of ten  years  from the commencement of the Act or from the commencement of  his tenancy,  whichever is later, and this  was  notwithstanding anything  to  the contrary contained in any  other  law  and except  as provided by the Act.  Section 15 is a  -corollary to  s. 7 and.it provided that when a tenant, after  the  ex- piration of the period specified in s. 7 has been allowed to hold over, his tenancy shall be deemed to have been  renewed for a further period of 10 years commencing from the date of his  expiration,  on  the same terms  and  conditions.   The

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object  of Mr. lyengar relying upon these provisions was  to show  that  the  only protection-intended  to  be  given  to tenants  on  land  other  than on the  reserved  area  of  a landowner was to give a fixity for a period of 10 years and, if  such tenants hold over, the tenancy was protected for  a further period of 10 years.  These sections, which have been subsequently  deleted,  do  not, in our  opinion,  lend  any Support to Mr. lyengar in the interpretation to be placed on s. 18. By  the Punjab Amendment Act XI of 1955, certain  amendments were made in the parent Act. Section  2(5-a)  defining ’Surplus Area’ was  introduced  by this Amendment.  Section 7 of the original Act was  deleted. Section 10-A was introduced and the period of 12 years in s. 18 was 80 2 substituted  by a reduced period of 6 years.  Section 16  of the original Act was substituted by a new section. Section 15 of the original Act was omitted by the Punjab Act XXXII of 1959. One  of the amendments in 1962 was the substitution  of  the new section 6 in the place of the old section. We shall now refer to the material provisions of the Act, as it stands at present. We have already mentioned that the Act was passed to provide for  the  security  of  land  tenure  and  other  incidental matters.   Section  2 defines the various  expressions.   In particular, it is only necessary to refer to the  definition of  the expressions ’permissible area’, ’reserved area’  and ’surplus  area’.   ’Permissible  area’  under  s.  2(3),  in relation  to  a landowner or tenant  means  thirty  standard acres  and  where  such  thirty  standard  acres  on   being converted into ordinary acres exceed sixty acres, such sixty acres.   It  is  not  necessary to  refer  to  the  proviso. ’Reserved  area’,  under  S. 2(4) means  the  area  lawfully reserved under the Punjab Tenants (Security of Tenures) Act, 1950 as amended by President’s Act of 1951.  Section  2(5-a) defines  ’surplus  area’.   Broadly  speaking,  ’permissible area’ related to the thirty standard acres which a landowner or a tenant could possess and the ’reserved area’ meant  the area lawfully reserved under the Act of 1950, as amended  by President’s  Act  of 1951.  That will be an area  which  the landowner  will be entitled to choose for himself  from  his holdings in order to enable him to have the permissible area of thirty standard acres.  Generally speaking, excess  lands not  covered by the reserved area and not in the  possession of any tenant will be the surplus area so far as a landowner is concerned. Section  5  gives a right to a landowner who  owns  land  in excess of the permissible area to reserve out of the  entire land  held  by  him in the State of  Punjab  any  parcel  or parcels  not  exceeding the permissible area.   Section  5-A makes  it obligatory on a landowner and tenant holding  land in  excess of the permissible area to furnish a  declaration in  the  manner  and within  the  period  provided  therein. Section 5-B(1) enables a landowner who has not exercised his right of reservation under the Act to select his permissible area  and intimate the selection to the authority  conceded, in the manner and within the period stated therein.   Sub-s. (2) gives power to the prescribed authority in cases where a landowner fails to select his permissible area to select the parcel  or  parcels  of land which  such  landowner  may  be entitled  to  retain under the Act.  Any transfer  of  land. excepting  those mentioned under S. 6, made  Between  August 15, 1947 and February

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                           803 2,  1955 will not affect the rights of tenants of such  land under  the  Act.  Section 8 safeguards the continuity  of  a tenancy.  Section 9 provides for the conditions under  which a  tenant is liable to be evicted and under sub-s. (1)(i)  a tenant on the area reserved under the Act or is a tenant  of a  small  landowner can be evicted.  But, under  s.  9-A,  a tenant liable to ejectment under cl. (i) of sub-s. (1) of s. 9,  cannot  be dispossessed unless he is accommodated  on  a surplus area in accordance with the provisions of s. 10-A of otherwise  on  some  other  and  by  the  State  Government. Section 10 gives a right of restoration to a tenant who  has been ejected from any land in excess of the permissible area between August 15, 1947 and April 15, 1953 provided the land is  under  self-cultivation and the ejectment  has  been  on grounds other than those mentioned in S. 9. Under sub-s. (4) of s. 10, in case of such restoration, the landowner or  any other  person  in  actual possession  is  entitled  to  such compensation as may be determined by the Assistant Collector from the tenant intended to be restored.  Section 10-A gives power to the State Government or any officer empowered by it in  that  behalf  to  utilise  any  surplus  area  for   the resettlement  of tenants ejected or to be ejected under  cl. (i) of sub-s.  (1) of S. 9. It  will  be  seen that while providing for  eviction  of  a tenant  from a reserved area under S. 9(1) (i), that  tenant is  safeguarded  by s.9-A providing that  his  dispossession shall not take place unless he is accommodated on a  surplus area and s.10-A provides for utilisation of surplus area for resettlement  of tenants ejected or to be ejected under  cl. (i)  of  sub-s.(1)  of  s.9.  These  three  provisions   are interlinked and inter-connected.  The Explanation to s.  10- A(b)  makes  it clear that the utilization  of  any  surplus area’  will not affect the right of a landowner  to  receive rent from the tenant so settled. Section  12  provides for the quantum of rent payable  by  a tenant for the land held by him.  Section 14-A provides  for the procedure to be adopted by a landowner desiring to eject a tenant under the Act.  Under S. 16, excepting id the  case of  lands acquired by the State Government or by a  heir  by inheritance,  no  transfer  or  disposition  of  land  after February  1,  1955  shall affect the rights  of  the  tenant thereon  under  the Act.  Section 17 gives  to  the  tenants mentioned therein, a right of preemption. The  various provisions, referred to above, in our  opinion, clearly indicate that the Act does not snap the relationship of  landlords  and tenants once and for all.  In  fact  that relationship is fairly well preserved and a limited right of evicting tenants is given to the landlord and an  obligation to  pay rent is also cast upon the tenant.  But, in  respect of  tenants  who -are evicted or are liable  to  be  evicted under s.9(1) (i) of the Act. provision 8 04 is made for re-settling them under s.9-A read with s.10-A of the  Act.  Such re-settlement does not affect the  right  of the  landowner  to  receive  rent  from  the  tenant.    The provisions of s.6 and s.16 also indicate that excepting  the particular  types of transactions, referred to  therein,  no other,  dealing  with the property by  the,  landowner  will affect the rights that the tenant has under the Act, In fact these  two provisions take in cases of  transfer  prohibited thereunder after August 15, 1947 and also subsequent to  the date  of the coming into force of the Act.  It will also  be noted  that the definition of ’surplus area’ under  s.2(5-a) and  s-10-A giving power to the State Government to  utilise

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the surplus area for re-settlement of the tenants were  both brought   in  by  the  Amendment  Act  of  1955   and   with retrospective  effect  from the date of  the  original  Act, viz., April 15, 1953 We  then  come to the material section, s.18,  which  is  as follows               "18(1)   Notwithstanding   anything   to   the               contrary  contained  in  any  law,  usage of               contract, a tenant of a land-owner other  than               a small land-owner-               (i)   who has been in continuous occupation of               the  land  comprised  in  his  tenancy  for  a               minimum period. of six years, or               (ii)  who  has  been restored to  his  tenancy               under  the  provisions of this Act  and  whose               periods  of continuous occupation of the  land               comprised  in his tenancy  immediately  before               ejectment and immediately after restoration of               his tenancy together amounts to six. years  or               more, or               (iii)who  was ejected from his  tenancy  after               the 14th day    of  August, 1947,  and  before               the  commencement of this Act, and who was  in               continuous occupation of the land comprised in               his tenancy for a period of six years or  more               immediately before his ejectment,               shall  be entitled to purchase from the  land-               owner the land so held by him but not included               in the reserved area of the land-owner, in the               case of a tenant falling within clause (i)  or               clause (ii) at any time, and in the case of  a               tenant  falling within clause (iii)  within  a               period   of   one  year  from  the   date   of               commencement of this Act.               Provided  ’that no tenant referred to in  this               subsection  shall be entitled to exercise  any               such  right  in  respect of the  land  or  any               portion thereof if he had               80 5               sublet  the land or the portion, as  the  case               may be, to any other person during any  period               of  his continuous occupation,  unless  during               that  period the tenant was suffering  from  a               legal disability or physical infirmily, or, if               a woman, was a widow or was unmarried;               Provided further that if the land intended  to               be purchased is held by another tenant who  is               entitled  to preempt the sale under  the  next               preceding section, -and who is not accepted by               the  purchasing tenant, the tenant  in  actual               occupation  shall have the right  to  pre-empt               the sale.                  .    .     .     .    .    .   ." Section 18(2) deals with the procedure to be adopted by  the tenant  who  is  desirous of purchasing  land.   Sub-s.  (3) provides  for the purchase price being three-fourths of  the value  of  the land determined by the  Assistant  Collector. Under  sub-s.  (4)  it  is open to the  tenant  to  pay  the purchase  price  either  in a  lump-sum  or  in  six-monthly instalments not exceeding ten.  It further provides that  on the  purchase  price or the first instalment  thereof  being deposited, a tenant shall be deemed to have become the owner of the land.  The other matters dealt with in s. 18 are  not necessary to be gone into. Under s. 18(1) three categories of tenants have been given a

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right  to purchase from the land-owner the land so  held  by him, but not included in the reserved area of the land-owner and  they  are  (i)  a tenant who  has  been  in  continuous occupation  of the land for a minimum period of  six  years; (ii)  a  tenant restored to his tenancy under  the  Act  and whose period of continuous occupation of the land  comprised in  his  tenancy  immediately  before  ejectment  and  after restoration amounts to six years or more; and (iii) a tenant who  was ejected from his tenancy after August 14, 1947  and before  April 15, 1953 and who was in continuous  occupation of  the  land comprised in his tenancy for a period  of  six years or more immediately before his ejectment. Before dealing with the first category, we will refer to the tenants  coming under categories (ii) and (iii).   Regarding the  second category, the period of occupation by  a  tenant both  prior to and after the date of the Act are taken  into account for computing the period of occupation of six  years or  more.  It is thus clear that the occupation by  him  for part  of the period which will be after the date of the  Act is  admittedly  taken into account to give him  a  right  to purchase  the land.  He also represents the type of  tenants whose possession has been disturbed prior to the date of the Act  and  who  gets  Possession again  by  virtue  of  being restored under the Act to his tenancy and such possession is counted in his favour.  For persons coming in category (ii), 80 6 there is no time limit within which they should exercise the right to purchase.  On the other hand S. 18(1) clearly gives such  persons  a  right to purchase the land  at  any  time. Category  (iii)  deals with tenants who  have  been  ejected after  August 14, 1947 and before April 15, 1953, but  prior to such eviction they have been in continuous occupation  of the  land for six years or more.  Admittedly,  such  persons were  not in possession of the land as tenants on  the  date when the Act came into force, i.e., on April 15, 1953.  But, nevertheless,, if such a person who has been evicted  during the  particular period above mentioned had been at the  time of his ejectment in continuous occupation of land  comprised in  his  tenancy for a period of six years or  more,  he  is given  a right to purchase the land.  That is, a person  who had lost all contact with the land on the date of the Act as a  tenant, and who Was not in possession on the date of  the coming  into  force  of the Act, is also given  a  right  to purchase  the land provided his ejectment was  after  August 14,  1947 and before April, 15, 1953.  For a  tenant  coming under  this  category  the section  provides  that  he  must exercise his right to purchase within a period of -one  year from the date of commencement of the Act. Coming  to clause (i) of s. 18(1), that clause does not  ex- pressly  state  as to when the tenant  referred  to  therein should have completed his continuous occupation of a minimum period  of six years.  According to the land-owners, such  a tenant must have completed the period of six years on  April 15, 1953, whereas, according to the tenants it is enough  if the period of six years had been completed on the date  when an  application for purchase is made.  The question  now  is whether the scheme of the Act indicates whether the six year period  should  have been completed on April 15,  1953,  the date when the Act came into force. In our opinion, having due regard to the scheme of the  Act, there is no warrant for importing any such restriction in S. 18 (1) (i) of the Act.  If the intention of the  Legislature was that the tenant under s. 18 (1) (i) should have been  in continuous  occupation for a minimum period of six years  on the  date  of the Act,, it would have been  specifically  so

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provided for in the said clause. There  is  also intrinsic evidence in S. 18 (1)  (i)  itself that it is not necessary for -a person coming under  sub-cl. (i) that he should have completed his continuous  occupation of  six  years  on the date of the  Act.   We  have  already referred  to the category of tenants coming under  cl.  (ii) and  shown  that the Act recognizes their possession  for  a period  a part of which must certainly be subsequent to  the commencement  of  the Act.  When the Object of the  Act,  as seen  from cl. (ii) is to protect even tenants who get  back into possession of the land after the date of the Act, we do not  see any reason why a limitation should be read  in  cl. (i)                 80 7 in respect of a tenant who is in possession of the land that he  should  have  completed  the  period  of  six  years  of continuous occupation even prior to the date of the Act. There  is an additional reason why we cannot read  any  such limitation  into  cl. (i).  Clause (iii)  dealing  With  the third  category of tenants, admittedly relates to  a  tenant evicted  from the property even before the date of  the  Act and  who was not in possession on the day when the Act  came into force.  But, nevertheless, if such tenants had been  in continuous  possession  for six years at the time  of  their ejectment which must be before the late of the Act, they are entitled to purchase the property, but hat must be exercised within   a  period  of  one  year  from-the  date   of   the commencement  of the Act.  If Mr. Iyengar’s contention  that the  tenants in category (i) should have completed the  con- tinuous  period  of  six years on the date  of  the  Act  is correct,  such  tenants and tenants  coming  under  category (iii)  will  be on a par in that both would  have  completed their  period  of  six years before the  date  of  the  Act. Nevertheless  in the case of tenants coming  under  category (iii),  the  Legislature has specifically stated  that  they must exercise their right of purchase within a period of one year from the date of the Act whereas in the case of tenants coming  under cl. (i) they could exercise the right  at  any time.  This itself clearly indicates that the tenants coming under category (i) -are entirely different from the  tenants coming  under category (iii).  If (iii).  If both  types  of tenants  coming under clause (i) and clause (iii)  stand  on the same footing, the position would be that both would have completed  the period of continuous occupation of six  years prior  to  the Act and the Legislature would  have  provided that  both  should exercise the right of purchase  within  a period  of  one year.  The distinction  made  regarding  the period within which these two categories can exercise  their right, clearly indicates the intention of the Legislature to the  contrary.  It stands to reason that the tenants  coming under  clauses (i) and (ii) who are in actual possession  of the  land have been gives the option ’either to continue  as tenants and pay rent or to exercise their right to  purchase the land at any time.  There is no question in their case of there   being  any  time-lag,or  doubt  because,  being   in possession   no  other  person’s  right  will  normally   be affected;  whereas in the case of a tenant coming under  cl. (iii), he has already gone out of the land and therefore the Legislature has specifically provided a very short period of one  year from the date of the Act for exercising, if he  so chooses  his  right  to  purchase  the  I-and  provided   he satisfies  the  other conditions mentioned in  the  section. The  Legislature  did  not  want the  position  to  be  kept nebulous  and doubtful in respect of such a person  who  was not in possession as a tenant on the date of the Act.  While

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coming-  to a tenant who satisfies the requirements  of  cl. (iii) of s. 18 (1), the 808 Legislature  has  taken  care to see  that  those  types  of tenants  are  made to take a decision to purchase  the  land within  the  shortest possible time so that  other  peoples’ rights may not be jeopardized. Nor  is there any warrant for the contention of Mr.  lyenger that  the person who claims the right under cl.  (i)  should have  been a tenant on April 15, 1953.  So far as  we  could see,  there  is  no prohibition under the  Act  placing  any restriction against the right of the landowner creating  new tenancies  after  the date of the Act.  In fact  the  second proviso  to  s.9-A clearly indicates to  the  contrary.   It deals  with  the contingency of tenancy coining  into  force after the commencement of the Act. section 18 (1) (i) gives a right to a tenant to purchase the land; and that right has to be examined when an  application under s. 18 is made and cannot be denied on the ground  that he  was  not a tenant for more than six years on  April  15, 1953.  There is no limitation placed under cl.(i) of s.18(4) that the ’tenant who exercises his right should be a  tenant on the date of the Act or that he should have completed  the period  of  six  years on April 15, 1953  and  there  is  no warrant for reading in s.18(1)(i) clauses which it does  not contain.  It is enough if the continuous period of six years has  been completed on the date when the tenant  files’  the application for purchase of the land. We  were referred to three decisions : Ganpat v.  Jagmal(1); Amar  Singh v. State of Punjab(1). and Mam Raj v.  State  of Punjab (3). In the first decision the question was whether a transfer  by a landowner in excess of the reserved area  has to  be  ignored when the rights of a tenant under  s.18  are being  considered.   In the second and third  decisions  the question was whether an order for. purchase passed in favour of a tenant under s. 18 can be ignored by the Collector when exercising his functions under s. 10-A of the Act.  In  none of  the decisions the points now decided by us came  up  for consideration directly and therefore it is not necessary  to deal with those )decisions in detail. To conclude we are of opinion that in order to claim a right of  purchase - as against the landowner under S. 18 (1)  (i) of the Act, the minimum period of six years should have been completed at the time when the application for’ purchase  by the  tenant is made, and it is not necessary that he  should have been a tenant of the land on April 15, 1953.   Provided the  other conditions are satisfied, such a tenant  will  be entitled to purchase the land. In  the result the writ petitions and appeals are  dismissed with costs-such costs to be one hearing fee. R.K.P.S.                            Petitions and appeals dismissed. (1) (1963) Punj L.R. 652.        (2) I.L.R. [1957] 2 Punj. & Har. 120. (3)  I.L.R. [1969] 2 Punj. & Har. 680. 809