Jaspal Singh Vs Zila Parishad Patiala & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

Jaspal Singh Vs Zila Parishad Patiala & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with modification of the impugned eviction orders: petitioner's side to pay annual rent @ Rs.548/- with 5% annual increase w.e.f. 6.11.2012 till 06.12.2024; deposit remitted to CEO, Zila Parishad, Patiala for calculation of dues after adjusting rent already paid; residual of the Rs. 2 lac deposit to the petitioner's widow; interim fixed deposit; exercise within 08 weeks; copy of order to Registrar General for immediate remittance.

Issue for consideration

Whether the orders dated 30.04.2015 (passed by respondent No. 2) and 16.03.2016 (passed by respondent No.3) ordering the petitioner's eviction from shop No. 32, Zila Parishad Market, Patiala, were sustainable. +1 more

Ratio / Principle

The writ petition is disposed of with modification of the impugned orders: the petitioner shall be liable to pay annual rent @ Rs.548/- along with annual increase of 5% w.e.f. 6.11.2012 till 06.12.2024.

Key takeaways

The amount deposited with the Court is to be remitted to the Chief Executive Officer, Zila Parishad, Patiala forthwith, who shall calculate the amount due from the petitioner after taking into consideration the rent already paid (if any).ratio¶28
The residual amount out of the Rs. 2 lac deposited with the Court shall be disbursed to the widow of the petitioner.ratio¶32
During the interregnum, while the calculation exercise is being carried out, the amount remitted from the High Court shall be deposited by the CEO, Zila Parishad in fixed deposit.

Detailed headnote1 paragraphs

Eviction from Zila Parishad shop – lease expired without renewal – writ disposed of with modification of eviction orders and direction on rent and deposit. The petitioner was inducted as lessee of shop No. 32, Zila Parishad Market, Patiala by lease deed Annexure P-2 from 6.11.2007 to 05.11.2012 at a monthly rent of Rs.548/-; the deed contained a renewal clause providing for renewal with a 5% annual increase in rent on terms to be decided by the Chief Executive Officer, Zila Parishad Patiala. The lease was not renewed; proceedings under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 culminated in orders dated 30.04.2015 (respondent No. 2) and 16.03.2016 (respondent No.3) evicting the petitioner, which were challenged in this writ petition. On notice of motion (25.05.2016) dispossession was stayed subject to deposit of Rs. 2 lacs with the Registry. During pendency the petitioner died, survived by his widow and a child; the legal heirs surrendered possession on 20.11.2024 and offered to pay rent per the renewal clause. The Court disposed of the petition with modification of the impugned orders: annual rent @ Rs.548/- with 5% annual increase w.e.f. 6.11.2012 till 06.12.2024; the deposit to be remitted to the CEO, Zila Parishad, Patiala for calculation of dues after adjusting rent already paid, the amount to be kept in fixed deposit meanwhile; the residual out of the Rs. 2 lac deposit to go to the petitioner's widow; exercise within 08 weeks. (Pankaj Jain, J.; oral; not reportable.)

CWP-10445-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

222

CWP-10445-2016 Date of decision : 14.07.2026

Jaspal Singh (Deceased) through LRs.

...... Petitioner

versus

Zila Parishad, Patiala and others

...... Respondents

CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN

Present: Mr. Anupam Singla, Advocate for the petitioner.

Mr. Sukhjinder Singh, Advocate for respondent No.1.

Mr. Amit Shukla, DAG, Punjab.

PANKAJ JAIN, J. (Oral)

1 . By way of present writ petition, the petitioner has assailed the order dated 30.04.2015 passed by respondent No. 2 and that dated 16.03.2016 passed by respondent No.3, whereby the petitioner has been ordered to be evicted from shop No. 32 situated in Zila Parishad Market, Patiala.

2 . The petitioner was inducted as a lessee by way of lease deed Annexure P-2 with effect from 6.11.2007 till 05.11.2012 at a monthly rent of Rs.548/-. The lease deed had a renewal clause which reads as under:-

“4. The lease shall be for a period of five year from the date of the grant of the lease and shall be terminable at any time by the lessor by giving one month's advance notice in writing to the lease and it shall be terminable immediately without notice by the lessor under clause 1 (c) thereof. The

DINESH KUMAR 2026.07.17 18:00 I attest to the accuracy and integrity of this document

CWP-10445-2016

lease hereby granted shall be renewable with increase of 5% in the rent annually and upon such other terms and conditions as the Chief Executive Officer, Zila Parishad Patiala may decide.”

3 . Lease deed was not renewed by Zila Parishad. Proceedings

were initiated against the petitioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. By way of impugned orders, the petitioner has been ordered to be evicted. At the time of issuance of notice of motion on 25.05.2016, this Court passed the following order:-

“Notice of motion for 02.08.2016.

Dispossession of the petitioner from the shop in question shall remain stayed, subject to deposit of `2 lacs by the petitioner with the Registry of this Court within 15 days from today.”

4 . During the pendency of the present writ petition, petitioner has unfortunately died. He is survived by his widow and a child. The legal heirs of the petitioner do not want to retain the shop and have handed over the possession back on 20.11.2024.

5 . Counsel for the petitioner submits that the legal heirs of the petitioner are ready to pay the rent as per the renewal clause reproduced herein above.

6 . In view of the above, the present writ petition is disposed off with the modification in the impugned orders to the extent that the petitioner shall be liable to pay annual rent @ Rs.548/- along with annual increase of 5% w.e.f. 6.11.2012 till 06.12.2024. The amount deposited with this Court be remitted to the Chief Executive Officer, Zila Parishad, Patiala forthwith. He shall calculate the amount due from

the petitioner after taking into consideration the rent already paid (if

DINESH KUMAR 2026.07.17 18:00 I attest to the accuracy and integrity of this document

CWP-10445-2016

any). The residual amount out of Rs.2 lac deposited with this Court shall be disbursed to the widow of the petitioner. During the interregnum, while exercise is being carried out, the amount remitted from High Court shall be deposited by the CEO, Zila Parishad in fixed deposit. Necessary exercise be carried out within a period of 08 weeks from today.

7 . Disposed off, accordingly. Copy of the order be served on Registrar General, Punjab and Haryana High Court for immediate remittance of the amount to CEO Zila Parishad, Patiala.

(PANKAJ JAIN) JUDGE 14.07.2026 Dinesh Whether speaking/reasoned : Yes Whether Reportable : No

DINESH KUMAR 2026.07.17 18:00 I attest to the accuracy and integrity of this document