PARMESHWARI DEVI AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The writ petition challenges the order of ejectment passed against the petitioners, who were admittedly tenants under the State. The petition had been filed by the State under Section 42 of the Punjab Tenancy Act on the ground that the respondents had been cultivating the land as tenants gair marusi on 1/3 rd batai. Since they had not paid the rent, the petition for eviction was being filed. In the same petition, the State had also averred that since rent had not been paid, the State "would take another remedy".

(2.) The argument on behalf of the petitioners is that the action for eviction itself is restricted to how the procedure is laid down under the Act. Sections 42 to 45 contain the procedure for such ejectment.

(3.) The impugned order is set aside and the State will be at liberty to take appropriate action for recovery of batai in the manner known to law and secure eviction permissible by law after a decree is obtained and if the decree remains unsatisfied.