SATWINDER SINGH Vs. DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THE dispute pertains to shop No. 8, Bus Stand Road, Malerkotla. The shop was allotted on lease basis to the petitioner in an auction but the petitioner failed to pay the lease amount. Thus, proceedings were instituted by the Municipal Council, Malerkotla, District Sangrur -respondent No. 3 by filing an application under Sections 5 and 7 of the Punjab Public Premises Act, 1973 for ejectment of the petitioner and one Darshan Kumar, to whom the Shop is alleged to have been sublet. The aforesaid application came to be decided by an order dated 30.10.1995 of the Collector (Annexure P -1). The order was passed ex -parte. The petitioner and Darshan Kumar were directed to vacate the premises being a shop and also to pay a sum of Rs. 18,258/ -. The petitioner, however, preferred an appeal before the Additional Commissioner (Appeals) Patiala Division, District Sangrur being Misc. Appeal No. 343 of 1999. In the proceedings, the counsel for the Corporation stated that if the petitioner deposited the rent due along with interest, the appeal may be accepted. This proposal was thus acceded to by the Appellate Authority and the petitioner was directed to pay the entire amount along with interest @ 12% per annum within three months.

(2.) THE petitioner, vide letter dated 20.05.2000 (Annexure P -3), enquired about the dues from the municipal corporation and the same was informed on 01.06.2000 as Rs. 1,44,157/ - inclusive of interest @ 18% per annum up to 31.03.2000. This gave rise to a dispute about the quantification of the amount. The Municipal Council thus, filed an application for recovery of Rs. 1,85,816.72 as damages on account of unauthorized occupation of shop w.e.f. 1987 -88 to March, 2005 amounting to Rs. 1,03,478.20 along with Rs. 82,338.52 as interest @ 18% per annum. The prayer made in this application was as under: -

(3.) THE petitioner, thereafter, deposited a sum of Rs. 84,215/ - on 28.11.2005 within the stipulated time. There is also separate receipts for Rs. 30,000 of 15.09.2005 and Rs. 20,000/ - dated 10.10.2005 towards damages for use and occupation.