1984 (7) TMI 396

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....nant of certain agricultural lands was allegedly dispossessed by the landlords. He brought a suit in a civil court for possession. That proceeding occupied a total period of one year, two months and thirteen days. The civil court dismissed the suit on the ground that it had no jurisdiction to 5 entertain the suit since a suit for possession of agricultural lands had to be filed before the Collecto....

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....e application. The respondent-landlords thereafter filed a revision application to the Financial Commissioner who set aside the judgment of the Commissioner and restored that of the Collector. The appellant filed a writ petition in the High Court of Punjab & Haryana to challenge the judgment of the Financial Commissioner but that writ petition was dismissed by the High Court. Being aggrieved by th....

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....ent act can govern a proceeding under the Pepsu Tenancy Act. We are unable to appreciate that, inspite of a specific direction given by this Court, the respondents should have done nothing better than making a bald assertion of the very position regarding which they, were asked to furnish the necessary data. 4. The Commissioner of Patiala Division held by his judgment dated April 8, 1974 that s....

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....d that it was barred by limitation. No period of limitation would apply to the filing of an application under Section 43 of the Pepsu Tenancy Act of 1955 since no such period is prescribed by that Act and the Limitation Act has no application to a proceeding under the Pepsu Tenancy Act. 5. Accordingly, we set beside the judgment of the High Court dated September 11, 1978, and remand the matter ....