AMAR AUTO STORE Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The Deputy Director, Local Government, Ferozepur exercising the powers of Collector, Ferozepur Region, Ferozepur initiated proceedings under the Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act) for the ejectment of the petitioner from the shop in dispute and also for the recovery of Rs. 2,961.22 as arrears of rent, on the application made by the Municipal Committee, Kotkapura. On the said application, notices were issued by the Collector for service of the petitioner but despite service, the petitioner did not appear and was proceeded ex parte. The Collector, after recording the ex parte evidence, found that the petitioner was in unauthorised possession of shop No. 7, Municipal Market, Kotkapura and had not paid Rs. 2,961.22 as rent. Thus an order of ejectment was passed against the petitioner by the Collector.

(2.) Aggrieved of the order of the Collector, the petitioner filed appeal before the learned Commissioner, Ferozepur Division, Ferozepur.

(3.) The grievance of the petitioner before the learned Commissioner was that he had given power of attorney to Shri Ranjit Singh Brar, Advocate for contesting the case before the Collector but the Advocate did not appear and he came to know about ex parte order only on 8.12.1990 when some employee of the Municipal Committee came to his shop to inform him about the ex parte order. The learned Commissioner dismissed the appeal in limine holding that despite notice issued by the Collector, the petitioner did not appear and in case he had appointed some Advocate to conduct his case on his behalf, then it was his responsibility to see that the case was properly conducted by the Advocate. With regard to payment of rent, the petitioner could not produce any receipt showing the payment of rent even before the learned Commissioner. The learned Commissioner thus maintained the order of the Collector. The petitioner has impugned the order of learned Commissioner by preferring the present civil revision.