HARIJAN COOPERATIVE SOCIETY Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order shall dispose of the above writ petition as well as the contempt petitions as the same arise out of the similar controversy and facts.

(2.) The writ petition challenges the order dismissing the petition for ejectment filed by the petitioner society and passed by the 1st respondent Financial Commissioner in reversal of the judgment passed by the Assistant Collector and the Appellate Authority. The proceedings were initiated by the society claiming as a owner by way of allotment made by the government when the property was taken as escheated in favour of the government when the original owner Sheru died without leaving any legal heirs. Pursuant to the allotment said to have taken place in favour of the society through the order passed on 24.1.1976, the society filed a petition for ejectment contending that the property had been leased out to the respondent in the year 1965 and that he had been in arrears of rent for three years prior to 14.9.1985 when the petition was filed.

(3.) The private respondent took up a plea that there was no form of lease with the petitioner society and that he and before him, his father had been in possession from one Hirdya Nath who was a mortgagee from Sheru. The Assistant Collector and the Appellate Authority found the ownership as established and finding that the respondent had not been paid the rent on his own admission allowed the eviction petition. The private respondent had filed a revision before the Financial Commissioner who passed the impugned order setting aside the order of ejectment passed.