SIRI CHAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) ON 5th August, 1975, Ram Phal and other landowners filed a suit against Siri Chand tenant for eviction and recovery of rent of Rs. 300 for the crops from Kharif 1972 to Rabi 1975 at the rate of Rs. 100 per year for the agricultural land measuring 11 Bighas 14 Biswas. The suit was filed under Section 77(3) of the Punjab Tenancy -Act, 1887 (for short 'the 1887 Act'), before the Assistant Collector -1st Grade, Sonepat. On coming to know of the suit, the tenant immediately deposited the amount of Rs. 300, - -vide Exhibit D4 on 27th November, 1975. But in the written statement he took a plea that he had paid rent from Kharif 1972 to Rabi 1974 and for Kharif 1974 and Rabi 1975 he had sent Rs. 100 by money order on 24th June, 1975 but the landowners refused to take the Money Order as they wanted to evict him. The Assistant Collector by order Annexure P 3 dated 1st April, 1976 ordered the eviction and also found that Rs. 300 were due and the deposited amount was ordered to be paid to them The tenant's appeal to the Collector, further revision to the Commissioner and the Financial Commissioner remained unsuccessful and, thereafter, this petition under Article 226 of the Constitution of India was filed, to impugn those orders.

(2.) THE Statutory authorities have found that the tenant had not paid rent from Kharif 1972 to Rabi 1974. However, it was found that the tenant had sent Rs. 100 by Money Order for the last two crops, but observed that there was no provision provided under the Act to send rent through Money Orders. It was also observed that the refusal on the part of the landowners to accept the Money Orders was not proved from Exhibits D1 to D3 as there was no note of refusal thereon,

(3.) FOR the reasons recorded above, this petition is allowed with costs and the order of ejectment passed by the Statutory Authorities is hereby quashed. However, the order for payment of the deposited amount of Rs. 300 to the landowners is hereby maintained. The amount must have been paid to the landowners and in case it is not paid, it may be paid to them now.