ALISHER Vs. GRAM PANCHAYAT AND ANOTHER

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby his suit for injunction was dismissed.

(2.) It is the case of the plaintiff that he is a co-sharer in the land described as Jumla Mushtaraka Malkan in the revenue record. It has been stated by the plaintiff that an amount of Rs. 44,000.00 has been got deposited by the plaintiff in the shape of lease money. However, it has been pointed out that the said claim is illegal and unlawful and the amount has been deposited under protest and that the defendants have no concern with the suit land.

(3.) In the written statement, it has been pointed out by the defendant that the plaintiff had taken land on lease for the year 1990-91 for a consideration of Rs. 27,100.00 and he had paid the said amount on 1.7.1990. Subsequently, also the land was taken on lease for a consideration of Rs. 4,400.00. Part of the said amount was paid on 15.5.1991 and on 1.11.1991. Both the Courts have considered the respective contentions of the parties and returned a finding on the basis of Division Bench judgment of this Court in Baldev Singh Vs. State of Punjab and others, 1999(1) R.C.R.(Civil) 360 : (1998-3)120 P.L.R. 785 , that after the expiry of lease period, if the possession is not surrendered, the person inducted as tenant become unauthorised occupant of the land and cannot be allowed to remain in possession of the suit land.