Section 9(1)(i) – Ejectment of tenant -- A big land owner (owner owning land in excess of the permissible area) and every tenant holding land in excess of the permissible area was duty bound to furnish a declaration disclosing the extent of the land owned by him -- No such duty has been cast upon a small land owner (person holding land less than the permissible area) -- Thus, the submission that a small land owner was required to get a declaration to this effect is illogical – Held, a small land owner is not required in law to approach the concerned authorities for such a declaration – Petitioners/tenants could also have produced proof by way of revenue record to establish that respondent No. 5 was a big land owner but nothing of the kind was done -- Petitioners cannot escape eviction.
(P&H HC) Reserved on : 28.07.2022 Pronouncement on : 05.08.2022