Dismissed

Manohar Lal & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC12 Jan 2012CWP/8484/1987

Case brief

AI extract

What is this about?

The petitioner challenged an order dismissing their application against ejectment, arguing that the tenant had pending proceedings to claim proprietary rights. The court upheld the lower authorities' view that a sufficient cause existed for non-payment, dismissed the writ petition, and maintained the impugned order.

What did the court decide?

The writ petition was dismissed and the impugned order was maintained.

Manohar Lal & Ors. Vs State of Punjab & Ors. — Landlord and Tenant | Punjab & Haryana HC (2012)

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[1]

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CWP No.8484 of 1987(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.8484 of 1987(O&M) Date of Decision: 12.01.2012

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Manohar Lal son of Sh. Mool Chand, resident of Guru Har Sahaib, Teh. & Distt. Ferozepur and others.

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... Petitioners

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Versus

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State of Punjab through the Financial Commissioner (Appeals) Punjab, Chandigarh and others.

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... Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. H.S. Kathuria, Advocate for the petitioners.

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Mr. S.S. Sahu, AAG, Punjab, for respondents No.1 to 5.

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None for respondents No.6 and 7.

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1.Whether reporters of local papers may be allowed to see the judgment? NO

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2.To be referred to the reporters or not? NO

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3.Whether the judgment should be reported in the digest? NO

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K. KANNAN, J. (Oral)

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The petitioners challenge the dismissal of the application for ejectment on the ground that during the time when the landlord was complaining that the tenant had not paid the rent, there were proceedings pending under Section 18 of the Punjab Security of Land Tenures Act, 1953 (for short, 'Act, 1953') at the instance of the tenant claiming proprietary rights. It turned out ultimately that the order initially made allowing him the benefit of proprietary rights under Section 18 of the Act, 1953 was set aside and the mutation also ordered in

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[2]

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CWP No.8484 of 1987(O&M)

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his favour, was restored in the name of the petitioners themselves. The fact remain that during the relevant time when the rent was not paid, the tenant had a reasoned plea that he was himself owner of the property, having been granted a right of the property as a proprietor.

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The learned counsel appearing for the petitioners points out their petition itself was filed only subsequent to the conclusion of the earlier proceedings initiated at the instance of a tenant claiming proprietary rights and when there were no specific orders granting him exemption from paying the rent, even a single default must be taken as entitling the landlord to obtain an ejectment. This contention has been rejected by the authorities below only on the ground that the period of default that the petitioner was complaining of was indeed the period where the tenant-respondent was also contending that he had obtained proprietary rights and if he had not paid the rent, there was a justification for non-payment. The ground of eviction that contemplated under Section 9 of the Act, 1953, is a failure to pay rent “without sufficient cause”. The authorities found that there existed a cause, which was sufficient. I cannot find the reasoning to be defective to render an intervention in favour of the petitioner and against the order already passed.

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The impugned order is maintained and the writ petition challenging the same is dismissed.

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( K. KANNAN ) JUDGE

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JANUARY 12, 2012 Rajan

Manohar Lal & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

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Manohar Lal & Ors. v. State of Punjab & Ors.

Case brief

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What did the court decide?

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