PARKASH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PETITIONER 's ejectment was sought from the land measuring 16 kanals as comprised in Rectangle and Khasra No. 47/10(8.0) 11 (8.0) situated in village Kanheri Kalan, Tehsil and Distt. Jagadhri, inter alia on the grounds that they failed to pay rent in respect of the said land from Kharif 1981 to Rabi 1984 inspite of repeated demands without any sufficient cause.

(2.) PETITIONERS took the stand that the rent was paid in respect of the said land. Since there was no custom to issue receipt in respect of receipt of rent, no receipt was issued by the landlord. The Assistant Collector Ist Grade, Jagadhri on appreciation of evidence produced before him came to the conclusion as a finding of fact that the writ -petitioners (respondents before the Collector) have not paid the batai to the owners from Kharif 1981 to Rabi 1994 in respect of the land in question without any reasonable cause. Consequently the ejectment of the petitions was ordered . The petitioners challenged the findings of the Assistant Collector Ist Grade, Jagadhri by way of an appeal before the Appellate Authority. The appellate authority affirming the findings of the Assistant Collector Ist Grade, Jagadhri dismissed the appeal of the petitioners vide its order dated 29.1.1987.

(3.) THOUGH a number of grounds were taken before the Financial Commissioner yet from the reading of the order the only point argued before the Financial Commissioner appears to be that the tenants had made an offer that they were willing to pay the rent.