While allowing the petition filed by the respondents Nos.1 to 5, the Financial Commissioner has rightly noticed that the main issue involved was whether Kartar Kaur was covered by the definition of family of the land owner to get any relief. The Commissioner had returned a finding that Kartar Kaur was covered by the definition of a family. Financial Commissioner found that this view was not correct. The definition of the family as given under Section 3(4) of the Punjab Land Reforms Act, 1972 provides that family in relation to a person means the person, being the present wife, husband as the case may be, of such person and his or her minor children, other than a married minor daughter. Thus, as per the definition only children of the land owner would be covered by the definition of family and not the grand children. Kartar Kaur, being a grand daughter of the land owner would, thus be not covered by the definition of a family. Accordingly, the Financial Commissioner was justified in interfering with the view taken by the Commissioner and also holding that Kartar Kaur was condemned unheard. Accordingly, the order passed by the Collector dated 4.4.2001 was up-held.
