SUBHASH SINGHAL Vs. DEPUTY COMMISSIONER, BHATINDA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed assailing the order of learned Single Judge dated 1.2.2010 passed in Civil Writ Petition No. 861 of 2010.

(2.) Succinctly stating the facts of the case are that the appellant had taken the shop bearing M.C. No. 4, First Floor, Gol Diggi Market, Bathinda, from respondent No. 3 on rent for a period of three years w.e.f. 1.3.2003 to 28.2.2006 in open auction held for the purpose. It is stated in the writ petition that on 14.10.2002, the appellant deposited a sum of Rs.37,200.00 i.e. rent of one year prior to taking over the possession of the shop. Respondent No. 3 had approved auction in favour of the petitioner on 16.10.2002. After the aforesaid deposit, no other amount towards rent was paid by the appellant, therefore, respondent No.3 Municipal Corporation, Bhatinda filed an application under Sections 4,5 and 7 of the Punjab Public Premises & Land (Eviction & Rent Recovery) Act, 1973 in the Court of Sub Divisional Magistrate exercising the powers of Collector, Bhatinda for eviction of the appellant and for recovery of the arrears amount of Rs.1,53,140.00 for use and occupation along with Rs.15,314/- as surcharge and 20% increase as per instructions upto 28.2.2007 and also claimed interest at the rate of 18% till the date of recovery.

(3.) Upon notice of the said application, the appellant filed his reply stating that he has already paid Rs.37,200.00 as rent for one year and since major repairs in the shop were to be done because of its bad condition, notice was given to Municipal Corporation but neither the shop was got repaired nor possession of the same was given to him. Therefore, Corporation was not entitled to either get him evicted or make any recovery. However, later on the appellant did not produce any evidence though several opportunities were granted and his evidence was closed. On 29.2.2008, no body appeared on his behalf and he was proceeded against exparte.