JIA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two landowners of village Bilaspur, who are real brothers, have filed this writ petition under Article 226 of the Constitution of India challenging the correctness of the orders of the Revenue Officers of the State of Haryana, respondent Nos. 1 to 5, whereby the petitioners' application in form K-1 for the ejectment of their tenant Dhani Ram, respondent No. 6 under sections 14-A(i) and 9(1)(i) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as "the Act") has been dismissed.

(2.) Respondent Nos. 1 to 5 have not come forward to contest this petition and no appearance has been put in on their behalf. Dhani Ram, respondent No. 6, the alleged tenant has, however, come forward to contest. He claims to be cultivating the land as an owner and denies that any relationship of landlord and tenant exists between the parties. He had taken up the same position in the proceedings under the Act before respondent Nos. 1 to 5.

(3.) The petitioners had filed the ejectment application against respondent No. 6 on the ground of non-payment of rent. Similar ejectment applications had been filed against him in the years 1962 and 1964. The order of the Assistant Collector dated 4.12.1962 (Annexure 'C' to the petition) shows that respondent No. 6 had paid up the arrears of rent to the petitioners without any objection. He had, therefore, accepted the petitioners' status as landlord without demur on that occasion. On the second occasion, he had put up some sort of contest but was directed by the Assistant Collector's order dated 2.3.1964 (Annexure 'D' to the petition) to pay up the arrears amounting to Rs. 244.25 NP within a month. In the event of default, respondent No. 6 was to be evicted from the land. According to the return filed by respondent No. 6, he had paid up the arrears of rent even on that occasion.