SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Sohan Lal has through this writ petition impugned the orders, Annexure P.3 and P.4, dated 5.3.1975 and 17.7.1978, passed by the Collector and, on appeal, by the Commissioner respectively, resulting in his eviction from the land in dispute owned by the State Government. The said orders have been impugned, inter alia, on the ground that the petitioner, being a tenant, could have been evicted only on the grounds mentioned in section 9 of the Punjab Security of Land Tenures Act, 1953, hereinafter referred to as the Act; and that any agreement that he might have signed, if the term thereof ran counter to the provisions of section 9 of the Act, the same would be void.

(2.) This petition has been contested on behalf of the respondent State. It has been denied that the petitioner was a tenant.

(3.) The stand taken on behalf of the respondent-State is that the petitioner was a licensee and they have annexed the licence agreement, Annexure R.1 dated 11.8.1969, to the written statement, which expressly provided that the petitioner shall hold the land as licensee for the period 6.8.1969 to 15.5.1970. On the expiry of this period, when he did not leave the possession of the land, proceedings under section 4 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act were initiated against him on 31.8.1970 before the Collector who, vide his order dated 5.3.1975, ordered his eviction. His appeal was dismissed by the Commissioner vide his order Annexure P.4 dated 17.7.1978.