NACHHATTAR RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The Gram Panchayat filed a petition under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, J961 for the eviction of the present petitioner from the land in dispute. Vide order dated 23rd April, 1996, the Assistant Collector found that the petitioner had been given land measuring 14 kanats 18 marlas on lease for Rs. 1300/ - in the year 1984 -85. Thereafter, the petitioner's possession was unauthorised. Consequently, he was ordered to be evicted. The petitioner filed an appeal. It has been dismissed by the Collector. The findings recorded by the Assistant Collector have been affirmed. Copies of the two orders have been produced on record as Annexure P.1 and P.4 respectively. The petitioner prays that these orders be quashed.

(2.) The claim made on behalf of the petitioner has been controverted in the written statement filed on behalf of the respondent -Gram Panchayat. It has been inter alia averred that the land has been given on lease to the petitioner for a period of one year. He has already continued for a period of 17 years. The petitioner's possession was unauthorised. Thus, he has been rightly ordered to be evicted.

(3.) Shri Achint, learned counsel for the petitioner, contends that he is a tenant at will. Reliance is placed on the Khasra -Girdawari, copy of which has been produced as Annexure P.5 with the writ petition.