GURGAON CLUB Vs. ZILA PARISHAD GURGAON AND ORS.

JUDGEMENT

(1.) CM-11509-CWP-2015

(2.) Brief facts of the case as borne out from the record are to the effect that the petitioner is a registered society and came into existence somewhere in 1930. The Government officials, Judicial Officers, Senior Advocates and respectable persons of the Gurgaon city were enrolled as its members but subsequently the Government provided separate land to the Government officials and Judicial Officers and now the Senior Advocates and respectables of the City are its members. The petitioner-Club is a registered body and is in existence over the Government land on payment of a token rent which was revised to '5/- per annum on 10.10.1959 and since then, the petitioner has been paying the rent regularly. The petitioner is in continuous possession of the disputed land as tenant. Earlier the property was shown to be ownership of District Board, Gurgaon which was dissolved in the year 1999-2000 and Zila Parishad, Gurgaon came into its place. On 11.09.2000, office bearers of the Zila Parishad, Gurgaon made an attempt to dispossess the petitioner-Club from the disputed land. Thereafter, on 12.09.2000, the petitioner filed a suit for permanent injunction through its authorized representative against the above illegal action of the Zila Parishad. Vide judgment and decree dated 20.03.2006 (Annexure P-1), suit of the petitioner was partly decreed holding that the petitioner-Club was not in illegal possession of the disputed land and it can only be dispossessed in due course of law. Thereafter, respondent No.1-Zila Parishad, Gurgaon filed an application under Sections 4, 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (in short, 'the Act') for eviction of the petitioner on the ground of non-payment of rent. In response to the same, the petitioner herein filed reply to the effect that it was not in illegal possession and it was ready to deposit the rent. Vide order dated 26.09.2011 (Annexure P-4), respondent No.2- Collector, Gurgaon ordered eviction of the petitioner from the disputed land on the ground that rent was not paid since 10.09.1999. Against that, the petitioner filed an appeal before the Commissioner, Gurgaon Division, Gurgaon which has been dismissed on merit vide impugned order dated 05.11.2014 (Annexure P-6) despite the fact that none was present on behalf of the petitioner. Hence, this petition.

(3.) I have heard learned counsel for the parties and perused the record.