PALA RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PALE Ram-petitioner, who is tenant, has filed the instant writ petition under Articles 226/227 of the Constitution of India for quashing the order dated 13.9.1994 (Annexure P-14) passed by the Financial Commissioner, Haryana (respondent No. 1 herein), declining the reference made by the Commissioner, Rohtak Division, Rohtak, without hearing the petitioner, and the order dated 11.9.1995 (Annexure P-15) passed by respondent No.1 vide which his application recalling the order dated 13.9.1994 and providing him an opportunity of hearing was also dismissed.

(2.) THE brief facts of the case are that respondent Nos. 2 to 4, who are the landlords, filed an application for ejectment of the petitioner-tenant on Form-L under Section 14-A(iii) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) on the ground of non-payment of rent for the cross kharif 1989 and rabi 1990. The said ejectment application ws contested by the petitioner on the ground that he had already deposited the rent pertaining to the aforesaid period by filing an application under Section 14-A(iii) of the Act. He alleged that application under Section 14-A(iii) of the Act for depositing the rent, was filed on 3.7.1990 whereas respondent Nos. 2 to 4 filed the ejectment application on Form-L on 20.7.1990, therefore, there was no default in payment of rent. On the other hand, learned counsel for the respondent-landlords submitted that the ejectment application was filed by the landlords on 18.6.1990, therefore, the plea of deposit of rent by filing application under Section 14-A(iii) of the Act on 3.7.1990 was liable to be ignored.

(3.) THE Financial Commissioner on receiving the above-said recommendation from the Commissioner issued notices to the parties for appearing before him. On 13.9.1994, the said matter was fixed before the Financial Commissioner for service, as service on the petitioner was not complete. Though on the said date the matter was fixed for service, yet the Financial Commissioner declined the reference made by the Commissioner without hearing the petitioner by passing the following order :-