GRAM PANCHAYAT VILL HARIPURA Vs. COMMISSIONER FEROZEPUR DIVISION

JUDGEMENT

(1.) Both these appeals involve common questions of law & fact therefore, they are disposed of by this common order.

(2.) For convenient disposal of these appeals, the facts given in C.A.No.433 of 2000 are taken into consideration.

(3.) Brief facts of this case are that an application was filed by the Gram Panchayat, Haripura through its Sarpanch under Sections 4 and 7 of the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 against the contesting respondent for his ejectment from the land situated within the revenue estate of the village Haripura on the ground that the Gram Panchayat is the owner of the land in question and the contesting respondent was cultivating the land unauthorized and the respondent has not vacated the land in question despite request and the respondent be ordered to pay Rs.2933.60 as rent for use and occupation of the land in dispute. The respondent on being summoned appeared and was given an opportunity to file his reply. Both the parties were directed to place evidence in support of their respective pleas. The Gram Panchayat produced Sh.Badasukh, Panch and Nathu Ram, Sarpanch and respondent produced Ramesh Gupta, Ahlmed of court of E.M., Abohar Sh. Krishan Murari Clerk and Sh. Gurdev Singh Patwari Halqe Haripura. It was submitted before the Collector that there is no valid record produced by the respondent to show that he has been cultivating the land with the consent of the Gram Panchayat therefore the Sarapanch of the Gram Panchayat has been authorised to file the present suit. It was prayed that the respondent be ejected from the land in question. On the other hand, it was submitted by the respondent that the rent for the land in question has already been paid by the respondent and that the respondent has been cultivating the land as a tenant at will under the Gram Panchayat since very long time. It was also contested by the Gram Panchayat that mere entry of the respondent in the revenue record as a tenant from year to year does not characterise them as an authorised tenant in the land in question.