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Revision Side No. 19 of 1955‑56, decided on 31st August 1956, District Attack.
Pending suits for ejectment of occupancy tenants‑infructuous.
M. A.Zaidi for petitioner.
I need not go into the matters which have been considered by the lower Revenue Courts, because I find that the amendment of the Punjab Tenancy Act made in 1952 (Act VII of 1952) struck a fatal blow to this litigation. The petitioner's suit for the dispossession of the respondents had been instituted in 1949. It was pending at the time when the said amending Act was passed. This new legislation converted the occupancy tenants into shareholders in the land forming the tenancy. The suit by the original landlord for the ejectment of the tenants, therefore, become infructuous ipso facto.
The suit was dismissed by Assistant Collector on some other grounds. The Collector dismissed the petitioner's appeal. The Commissioner dismissed the petition for revision. The second petition for revision is accordingly dismissed. The petitioner should seek a partition of the total holding if he is anxious to obtain possession of any particular plot.
K. M. A. Petition dismissed.
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