LexNATHA SINGH &. ORS. versus THE FINANCIAL COMMISSIONER, TAXATION, PUNJAB &. ORS.
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NATHA SINGH &. ORS.
v.
THE FINANCIAL COMMISSIONER, TAXATION, PUNJAB&.
ORS.
March 11, 1976
[A. C. GUPTA AND JASWANT SINGH, JJ.]
Constitution of India~ Art. 226-Error of law absent in concurrent decisions
of Revenue authorities-High Court justified in refraining to exercise appellate
jurisdiction in writ proceedings.
Code of Civil Procedure, Order 41, r. 27-Reception of additional evidence
by appellate courts di'scretionary-Limitations-Test to be applied.
Appellant Natha Singh was recorded as a land owner in revenue records.
Under the Punjab Security of Land Tenures Act, 1953, the Collector, Feroze-
pore, declared an area of 63 standard acres and 4 units, as surplus land in
his hands. The sons of Natha Singh appealed to the Commissioner, Jullundur
division, who remanded the case for fresh determination of "surplus area".
On a re-examination of faCts, the Collector, Ferozepore, overruled the pleas
of the appellants.
Their appeal to the Commissioner, Jullundur division, and
a further revision petition to the Financial Commissioner, Taxation, Punjab,
were also dismissed.
All these orders were challenged before the High Court
under Art. 226. The High Court dismissed the matter in limine, but granted a
certificate under Art. 133(1)(a).
The appellants contended before this Court that in the facts and circum-
stances of the case, the High Court could not dismiss the writ, petition in limine,
as the revenue authorities had wrongly computed the 'surplus area'. They
further contended that appellants No. 2 and 3 were not afforded proper and
adequate opportunity by the Collector to prove their claims. The appellant9
also applied for permission to adduce additional documentary evidence.
Dismissing the appeal, the Court,
HELD : ( 1) In dealing with a petition under Art. 226 of the Constitution,
the High Court cannot exercise the jurisdiction of an appellate court. and
cannot re-examine or disturb the findings of fact arrived at by an inferior
Court or a tribunal in the absence of an error of law. [622E-F]
(2) In the instant case, the orders passed by the revenue authorities did
not suffer from any error of law so as to warrant interference in writ proceedings
and the High Court was justified in dismissing in limine the writ petition
preferred by the appellants.
[623F]
(3) The application of the appellants for additional evidence cannot be
allowed in view of the well-established principles of law that the discretion
given to the appellate court to receive and admit additional evidence is not
an arbitrary one but is a judicial one circumscribed by the limitations specified
in order 41 rule 27 of the Code of Civil Procedure.
The true test to be
applied in dealing with applications for additional evidence is whether the
appellate court is able to pronounce judgment on the materials before it,
without taking into consideration the additional evidence sought to be adduced.
[623G-H, 624AJ
Arjun Sing/z alias Puran v. Kartar Singh &: Ors. [1951] SCR 258
referred
to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1308 of 1968.
From the order dated 1st May, 1967 of the Punjab and Haryana
High Court at Chandigarh in Civil Writ No. 707 of 1967.
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~ATtt;A SINGH v. FINANCIAL COMMISSIONER (Jaswanl Singh, J.) 62 i
Hardyal Hardy, Naunit Lal and Miss La/ita Kohli, for the appel-
A
!ants.
0. P. Sharma and P. N. Puri, for the respondents.
The Judgment of the Court was delivered by
JASWANT SINGH, J.-This appeal by certificate under Article 133
(l){a) of the Constitution of India granted by the High Court of Pun-
jab and Haryana at Chandigarh is directed against its order dated May
1, 1967, dismissing in limine the writ petition filed by the appellants
herein.
The facts giving rise to this appeal are : Natha Singh, appellant No.
1 herein, was recorded in revenue records as land-owner in respect of
39 standard acres and 9t nnits of land in village Malout, 53 standard
acres and St units in village Kanamgarh and 4 standard acres and 2
units in village Bhagwanpur. By his order dated July 5, 1959, the
!hen Collector, Ferozepore, acting under the provisions of the Punjab
Security of Land Tenures Act, 1953, hereinafter referred to as 'the
Act' declared an area of 63 standard acres and H units out of the
aforesaid land aggregating 93 standard acres and H units as surplus
in the hands of Natha Singh. Rajinder Singh and Jarnail Singh, appel-
lants NosExcerpt shown. Read the full judgment & AI analysis in Lexace.