BHUPINDER PAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was inducted as a tenant in Shop No.22, Outer Goal Market, Mandi Gobindgarh by the Municipal Council, Mandi Gobindgarh, and his tenancy was created w.e.f. 01.04.1984 vide Rent Deed dated 01.04.1984 (Annexure P-1). Since the petitioner was a defaulter in payment of rent, therefore, the Municipal Council/Landlord vide letter dated 24.09.1997 terminated his tenancy w.e.f. 01.11.1987 and asked for deliverance of the vacant possession of the shop. Since neither the arrears of rent were paid nor the possession handed over, application under Sections 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short the 1973 Act ) seeking eviction of the petitioner was filed. The petitioner, instead of contesting the said application, has filed the present writ petition seeking the quashing of the notice and proceedings under the 1973 Act on the premise that appropriate proceedings for eviction would be under the Rent Act, as the petitioner was initially put in the permissive possession and, therefore, having not been unauthorisedly put in possession, proceedings under the 1973 Act are not maintainable.

(2.) Upon notice, respondent Council has filed its reply. In the reply, it is stated that after the termination of the tenancy, the petitioner is unauthorized occupying the shop in dispute and thus proceedings under the 1973 Act are maintainable.

(3.) None has come present on behalf of the petitioner to address the arguments.