SATYANARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two cases, i.e., CR No.3650 of 2004 and RSA No.4493 of 2011 as by and large common questions of law and fact are involved in both the matters relating to the same premises. The facts are taken from CR No.3650 of 2004 for convenience.

(2.) ADMITTEDLY , the State has vacated the suit premises and are no longer in physical possession of the property in which the Government was on rent and running a school adminstered by the education department. The property originally belonged to one Mr Kailash Chand Jain who died on 13.4.1987. It appears from record that by a family settlement, the legal representatives of Mr Jain agreed to relinquish their rights in favour of their mother, Mrs Kiran Jain, the widow of Mr Kailash Chand Jain, who became owner of the property on the death of her husband. The memorandum of family settlement is dated 5.6.1987 which has nothing to do with the interest of the State of Haryana since the family arrangement was a private settlement within the family and could be disputed by none other than amongst the family members. Mrs Kiran Jain, the new owner of the suit property, sold it to the present petitioners by a registered sale deed dated 17.12.1990. On 10.9.1997, the vendee -petitioners filed a petition for eviction of the tenant -State of Haryana in the Department of Education on two grounds, namely, for non -payment of rent while the other was for a declaration that the building had become unfit for human habitation and was likely to fall apart. At about the same time, the vendees instituted a suit for permanent injunction restraining the State of Haryana from carrying out any construction on the already weak building or to change its character since the ground floor could crumble at any time. The petitioners succeeded before both the Rent Controller and before the Civil Court that happened to be presided over by the same Judge exercising authority both under the Haryana Rent Control and Eviction Act, 1973 and of a civil court exercising plenary civil original jurisdiction.

(3.) AGGRIEVED by the eviction order and the permanent injunction granted by the Civil Court, the State of Haryana preferred a revision petition against the order of the Rent Controller, Hansi and after seven years through RSA No.4493 of 2011 against the appellate decree. In the revision petition, this Court passed the following order on 6.8.2004: -