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TMI Blog2012 (11) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... r to 1935-36. Until the year 1954, the said land was recorded as Shamilat deh in the revenue records. In the cultivation column, the appellants/their predecessors-in-interest were shown as co-sharers. The appellants/their predecessors-in-interest, filed a suit on 4.7.1989 in the Court of the Assistant Collector, First Grade Loharu, District Bhiwani, Haryana for declaration of their occupancy rights, under Sections 5 and 8 of the Punjab Tenancy Act, 1887 (hereinafter referred to as, 'the Tenancy Act') in relation to the land in dispute. The suit was contested by the State, as well as by the Gram Panchayat and after the conclusion of the trial, the same stood as dismissed, vide judgment and order dated 28.8.1992. B. Aggrieved, the appellants/their predecessors-in-interest preferred an appeal before the District Collector, which was allowed vide order dated 28.6.1993, by way of which the appellate authority set aside the judgment and order of the Assistant Collector, and remanded back the case so that the same could be decided afresh. C. The Court of First Instance, i.e. the Assistant Collector, after remand, allowed the case vide judgment and order dated 18.11.1993, observin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , had been in cultivatory possession of the land before 1935-1936 as share holders/joint owners, upon the payment of nominal rent. As the appellants had been in cultivatory possession for more than 12 years, from the date of commencement of the Act 1961, without the payment of rent, or by payment of charges not exceeding the land revenue and cesses payable thereon, thus in view of the provisions of Section 4(3)(ii) of the Act, 1961, it cannot now, make any distinction between a tenant or co-owner of the 'shamilat deh' and therefore, the right of occupancy would be available to the tenants, as well as to the co-sharers for the reason that co-sharers must have a superior claim as compared to that of a tenant. F. The said judgment dated 22.8.1996 was challenged by the respondent-Gram Panchayat by filing a revision application before the Financial Commissioner of the State of Haryana. The Financial Commissioner vide its judgment and order dated 29.11.2000, held that the provisions of 4(3)(ii) of the Act, l961 which provide that the rights of persons who have been in continuous cultivatory possession of 'shamilat deh', for a period of more than 12 years from the date of commencement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, (hereinafter referred to as the Act, 1952) and therefore, they cannot be allowed to claim any benefit under the provisions of Sections 5 and 8 of the Tenancy Act. They can claim relief only under Section 11 of the Act 1961. The suit under the Tenancy Act itself, is not maintainable and the present appeals are therefore, liable to be dismissed. 5. We have considered the rival submissions made by learned counsel for the parties and perused the record. Relevant statutory provisions applicable in the case. (a) The Tenancy Act : "5. Tenants having right of occupancy. - (1) A tenant - (a) who at the commencement of this Act has for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years, been occupying land paying no rent therefore beyond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable thereon; or (2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent therefore beyond the amount of the land-revenue thereof and the rates and cesses for the time being c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the Shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to execution of a decree for possession of land under the Punjab Tenancy Act,1887. Section 11 - Decision of claims of right, title or interest in Shamilat Deh - (1) [Any person or a Panchayat] [Substituted by Act No. 25 of 1993] claiming right, title or interest in any land vested or deemed to have been vested in a Panchayat under this Act, or claiming that any land has not so vested in a Panchayat, may submit to the Collector, within such time as may be prescribed, statement of his claim in writing and signed and verified in the prescribed manner and the Collector shall have jurisdiction to decide such claim in such manner as may be prescribed. xx xx xx xx" 6. It has been canvassed on behalf of the appellants that Section 8 of the Tenancy Act contains the expression, 'any person' and not, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he task of amending or alternating the statutory provisions. Wherever the language is clear the intention of the legislature is to be gathered from the language used. While doing so what has been said in the statute as also what has not been said has to be noted. The construction which requires for its support addition or substitution of words or which results in rejection of words has to be avoided". 10. The word, 'any person' has to be understood in the context that was intended by the legislature with respect to the tenancy Act, keeping in mind the purpose for which, the statute was enacted. The provisions of the Act, thus, have to be construed to achieve the purpose of its enactment. The Court has to adopt a constructive approach not contrary to attempted objective of the enactment. The Court must examine and give meaning to the said words, in view of the statute of which it is a part, considering the context and the subject of the said statute. (Vide: Shri Balaganesan Metal v. M.N. Shanmugham Chetty & Ors., AIR 1987 SC 1668; and Sahakari Sakhar Karkhana Ltd. v. Collector of Central Excise, Pune, (2003) 3 SCC 506). 11. In Union of India & Ors v. Brigadier P.S Gill, (2012) 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Sections 107 and 135 (b) of the Customs Act, 1962, observing that the words, 'any person' as contained in Section 107 cannot be given a restricted meaning so as to exclude from their ambit, persons who may subsequently be put up for trial. (See also: The Trustees of the Port of Bombay v. The Premier Automobiles Ltd., AIR 1981 SC 1982). 15. The instant case is required to be examined in light of the aforesaid statutory provisions and settled legal propositions. This Court in Puran & Ors. v. Gram Panchayat, Faridabad, (2006) 2 SCC 433, dealt with an identical case and examined most of the statutory provisions involved in this case. The court held that Section 4(3)(ii) of the Act, 1961 would be attracted only if the following three conditions are satisfied: (i) The person must be cultivating land which is part of the shamilat deh of a village; (ii) He should be cultivating such land for a period of 12 years immediately preceding the commencement of the Act; and (iii) He should be cultivating such land without payment of rent or payment of charges in excess of the land revenue and cess. While dealing with the provisions of Section 8 of the Tenancy Act, the court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lands Act....". 16. If the aforesaid test laid down by this Court, is applied to the case at hand, then undoubtedly, all the conditions specified therein have been satisfied by the appellants, and their case is also fully supported by the Gram Panchayat. The contents of its counter affidavit filed before this Court, read: "It is, however, not denied that the petitioners have been in cultivating possession of the lands as per entries in the revenue records from the time of their forefathers for the past over seventy years or so and paying nominal rent to the Gram Panchayat from time to time and when the Panchayat refused to take rent the same was deposited in the court. Their possession has remained uninterrupted. Though the possession has been unauthorised, the Panchayat never admitted the petitioners as its tenants." 17. In view of the above, the appellants may have a valid case. But in the said case, the provisions of Section 10 of the Tenancy Act, not attracted and thus, the facts herein become distinguishable. However, the High Court found them non-suited on the anvil of Section 10 of the Tenancy Act, observing that the expression 'any person', contained in Section 8, does n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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