HARYANA STATE Vs. RAMKARAN AND ORS.

JUDGEMENT

(1.) This order will dispose of a bunch of 12 writ petitions viz. Civil Writ Petition Nos. 14785, 14786, 14787, 14788, 14789, 14790, 14791, 14792, 14793, 14940, 14941 & 14942 of 2013 as they are preferred against similar orders passed by the appellate authority on the same date. For brevity, facts are being taken from Civil Writ Petition No. 14785 of 2013. Present petition has been preferred by State of Haryana to impugn order passed by the Commissioner, Hisar Division, Hisar exercising powers of appellate authority under Haryana Public Premises (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as "the Act").

(2.) Mr. Saurabh Mohunta, Deputy Advocate General, Haryana submits that order passed by the Commissioner suffers from patent error. The authority has ignored from consideration the fact that lease period of respondent/tenant had expired on 31.12.2010. He had not paid lease money thereafter. He was, thus, liable to eviction.

(3.) Prayer has been opposed by the respondent/tenant. According to him, he has been regularly paying the lease money since the premises was leased out to him in the year 2001. Even now, he is prepared to pay the lease amount. Thus, eviction of the tenant is not warranted.