SWARAN DASS Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Petitioner is the tenant over land measuring 46 Kanals 6 Marlas situated in Village Kalichpur H.B. No.671, Tehsil and District Gurdaspur. The respondents/landlord filed application under Section 14-A(1) of the Punjab Security of Land Tenures Act, 1953 [for short 'the Act'] for ejectment of the petitioner on the ground of non-payment of arrears of rent. In reply to the ejection application, petitioner averred that he has been regularly paying the rent in the form of share of produce. The relationship between the parties were cordial, therefore, he has not taken any receipt of payment of the rent paid by way of share of produce. Petitioner has stated that his son had delivered share of produce many times to the respondent, who never issued receipt as there was no custom in their village of issuing any receipt nor he had ever demanded it.

(2.) The Assistant Collector Ist Grade vide his order dated 20.6.2007 passed the order of eviction which was upheld in appeal by the Collector vide his order dated 26.9.2008. The Additional Commissioner, however, recommended revision to the Financial Commissioner vide his order dated 5.11.2009 which did not find favour with his as the recommendations were rejected by him on 1.12.2010.

(3.) Learned counsel for the petitioner has submitted that since there was no custom in the village of issuance of receipt of the share of produce given by the tenant and there were good relations between the parties, the petitioner has no documentary evidence of payment of share of produce as rent, otherwise, it has been regularly delivered/paid to the landlord. It is also submitted that the application of the petitioner for purchase of land has been pending as the land of the respondents has been declared surplus and if the petitioner is dispossessed before the application is decided then he would loose his right as the said right is vested with the sitting tenant.