In this contempt of court matter, the High Court dismissed the writ petition challenging an eviction order. The petitioner failed to prove tenancy through any lease-deed, and mere possession receipts were insufficient to establish a lessee relationship.
Writ petition dismissed. Eviction order of the appellate authority upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 4697 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 4697 of 2011(O&M) Date of decision : 20.11.2014
Balwant Singh & ors.
....Petitioners
V/s
State of Punjab & ors.
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Mandeep K. Sajjan, Advocate for the petitioner.
Mr. Suresh Singla, Addl. A.G. Punjab.
Mr. Ashok Aneja, Advocate for respondent no. 4.
RAJAN GUPTA J.
Petitioners have impugned order dated 21.02.2011 passed by Deputy Collector, Ferozepur Division exercising powers of appellate authority under Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973.
Learned counsel for the petitioners has argued that father of the petitioners was a lessee of the Panchayat Samiti and had been regularly paying rent. Eviction proceedings under the Act were initiated against him despite the fact that he was never unauthorized occupant of the land.
Plea has been vehemently opposed by learned State counsel. According to him, there is no lease-deed on record to show that land was ever leased out to Surjan Singh predecessor-ininterest of the petitioners. They deposited certain amount with Panchayat Samiti which issued receipts. Their reliance on receipts to show they have legitimately in possession is misplaced. A perusal of the order, Annexure 20 would show that land was given AJAY KUMARto Surjan Singh on chakota for one year only. 2014.11.25 10:26 I attest to the accuracy and authenticity of this document
CWP No. 4697 of 2011
2
I have heard learned counsel for the parties and given careful thought to the facts of the case.
It appears that proceedings under the Act were initiated against the petitioners. Collector found that petitioners had been paying lease money to Panchayat Samiti regularly. Relying upon certain observations of the civil court, he rejected the application preferred by Panchayat Samiti for eviction of the petitioners. Aggrieved, Panchayat Samiti filed appeal before the appellate authority. He observed that matter has earlier been remanded to Collector for giving opportunity to the parties to lead oral/documentary evidence to show that Surjan Singh was in occupation of the land as lessee. Petitioner, however, failed to produce any evidence in this regard. Even before the appellate authority, petitioners were not able to refer to any document to show that land in question was leased out to their father by Panchayat Samiti. It, thus directed eviction of the petitioners from the land in question. I find no infirmity with the orders passed. There is only one document, Annexure P20 on record to show that land was given on chakota basis to Surjan Singh for one year. There is no documentary evidence that petitioner-Surjan Singh became lessee of the Panchayat Samiti at any stage. Merely because certain receipts were issued by the Samiti in favour of the petitioner in respect of certain amount deposited by petitioners, they cannot be treated as lessee.
Under the circumstances, there is no ground to interfere in writ jurisdiction. Dismissed.
November 20, 2014 Ajay
(RAJAN GUPTA) JUDGE
AJAY KUMAR 2014.11.25 10:26 I attest to the accuracy and authenticity of this document
3 issues framed by the court
Whether the eviction order against the petitioners for unauthorized occupation is maintainable in the absence of documentary evidence of a lease-deed.
Whether receipts issued by the Panchayat Samiti in favour of petitioners establish that the land was leased out to the petitioners.
Whether the appellate authority correctly directed eviction of the petitioners from the land in the absence of proof of tenancy.
Balwant Singh & ors.
State of Punjab & ors.
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
