Mahinder Singh v. State of Haryana and Ors.
Case brief
What is this about?
This court modified the Assistant Collector's order in a writ petition challenging an eviction proceeding. While the petitioner claimed no tenancy via adverse possession pending a civil suit, the court directed him to deposit the claimed rent, allowing the landlord to withdraw 50% of the said deposit as a provisional measure.
What did the court decide?
Modified order directing petitioner to deposit batai payable till present with 50% amount withdrawable by landlord; balance retained for future title decision.
What the court decided
[1]
CWP No.23000 of 2010(O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.23000 of 2010(O&M) Date of Decision: 25.04.2012
Mahinder Singh son of Shri Kushal Singh son of Shri Mehar Singh, resident of village Kanganpur, Tehsil and District Sirsa.
… Petitioner
Versus
State of Haryana through the Financial Commissioner & Principal Secretary to Govt. of Haryana, Revenue Department, Haryana Civil Secretariat, Chandigarh and others.
… Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Issues for consideration
3 issues framed by the court
Whether an order directing a tenant to deposit rent pending a civil suit on title can be modified to allow partial withdrawal upon the landlord's application.
Whether the pendency of a civil suit determines liability to pay rent under the Security of Land Tenures Act.
Whether a claimant under Section 24 of the Punjab Security of Land Tenures Act is entitled to demand full rent deposit or can accept a reduced amount.
Parties & counsel
- petitioner
Mahinder Singh
- respondent
State of Haryana
Coram
K Kannan
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · April
- Registered
- Case no.
- CWP/23000/2010
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