HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The afore-captioned Civil Appeal impugns the judgment dated 6th July 2006 passed by the High Court of Punjab and Haryana which dismissed five writ petitions challenging the vires of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 ('Religious Premises Act', for short).

(2.) The appellants before us are tenants in occupation of shops located in Gurudwara Singh Sabha, a gurudwara at Kukar Majra, G.T. Road, Mandi Gobindgarh, District Fatehgarh Sahib, Punjab. The appellants claim that they were inducted as tenants during the period 1965-69 by Gurudwara Singh Sabha. However, no formal lease or agreements were executed and albeit, over a period of time, rents were progressively increased. The appellants further claim that they are small businessmen carrying on trade primarily connected with steel industry, while one of the appellants runs a dhaba. By the letter dated 2nd March 1978, the appellants were informed that the affairs of the gurudwara had come under the control of Shiromani Gurdwara Parbandhak Committee ('SGPC' for short) and they should, therefore, pay the rent to SGPC. It is alleged that the appellants have been paying rent to SGPC or the manager of the gurudwara but receipts have not been regularly issued.

(3.) In the year 1997, SGPC had filed an eviction petition against one of the appellants, Harbhajan Singh, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 ('East Punjab Rent Act', for short) on two grounds, viz., (i) failure to pay rent, and (ii) SGPC needed the property for construction of shops. Harbhajan Singh had, thereafter, deposited arrears of rent on the first date of hearing. The eviction proceedings, however, had remained pending and were not decided.