SARBJIT SINGH Vs. NOTIFIED AREA COMMITTEE ETC

JUDGEMENT

(1.) This order shall dispose of aforementioned three regular second appeals i.e. RSA No.1079 of 1991 in respect of Shop No.65; RSA No.847 of 1991 in respect of Shop No.59 and RSA No.1077 of 1990 in respect of Shop No.67, situated at Samrala Road, Machhiwara. Since all the appeals arise out of the similar facts, the same are taken up for hearing together. However, for facility of reference, the facts are being taken from RSA No.1079 of 1991.

(2.) The plaintiff-respondent No.1 filed suit for possession of the Shop in question and also for compensation for use and occupation of the shop pleading that Gram Panchayat, Machhiwara was the owner in possession of the land measuring 1 Kanal 13 Marlas comprising in Khewat No.942, Khatauni No.1334, Rect. No.107//22/3, as recorded in the Jamabandi for the year 1976-77. The said land was leased out to one Amritsaria Mal defendant No.2 w.e.f. 15.04.1972 for a period of 20 years vide Resolution No.7 dated 08.04.1972. Defendant No.2 was authorized to construct shops in the demised premises, but on the expiry of the lease period, he was required to deliver the vacant possession of the land to the Gram Panchayat after removing the super-structure, if any. Pursuant to such lease, defendant No.2 constructed shops and let out the same to different tenants. But later, defendant No.2 on 08.04.1978, offered to deliver back the possession of 11 shops to the Gram Panchayat, Machhiwara even before the expiry of the lease period on the condition that the lessor would pay him the requisite compensation and allow him to retain two shops free of rent for a period of 10 years. Considering the request, Resolution Nos.5, 6 & 7 were passed resolving that defendant No.2 shall retain one shop and the godown on a nominal monthly rent of Rs.5/-. The disputed shop alongwith other shops were vacated by defendant No.2 and vacant possession was restored to the lessor i.e. plaintiff. Defendant No.1, who was occupying the shop as a tenant, attorned to the Gram Panchayat after the possession was surrendered by defendant No.2. Defendant No.2 also started paying rent to the Gram Panchayat at the rate of Rs.100/- per month.

(3.) From the pleadings of the parties, the trial Court framed the following issues: