KESAR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) C.M. No. 4140-LPA of 2013 Application is allowed. Reply and documents filed on behalf of respondent No. 5 are taken on record, subject to all just exceptions.

(2.) The factual aspect is necessary to be adverted to in the present case in view of the submission made by counsel for the appellant that he had offered to pay the rent but the landlord had refused to accept the same. Perusal of the written statement filed in the ejectment application for land measuring 20 kanals 8 marlas situated in village Sambli, Tehsil Nissing, District Karnal on the ground of non-payment of rent would show that a plea was taken by the appellant that the application was not maintainable and he had already paid the rent of Rs. 100/- per acre and the ejectment on the ground that the rate of rent was Rs. 6000/- per acre was not correct. The Assistant Collector Ist Grade, on 09.11.2011, came to the conclusion that the appellant was a tenant in the land in question as per the revenue record and there was no mention of rent and the onus was upon him to prove the fact regarding the rate of rent by producing the receipts of Batai. Accordingly, it was held that the amount demanded was legally proper @ Rs. 6000/- per acre. Since nothing had been paid since Rabi 1993, the ejectment was ordered.

(3.) As noticed above, the said orders were upheld by the revenue authorities. It is, however, important to note that before the written statement was filed, Assistant Collector Ist Grade, on 26.10.1995, had given an opportunity to the appellant to deposit the amount of the disputed crops of the land in dispute before the date fixed. Relevant portion of the zimini order is reproduced as under:-