CHARAN SINGH Vs. MUNICIPAL COMMITTEE RANIA

JUDGEMENT

(1.) Vide this judgment we dispose of two Letters Patent Appeals Nos. 489 of 1995 (Charan Singh v. Municipal Committee, Rania) and 490 of 1995 (Pritam Singh v. Municipal Committee, Rania), as both the appeals have arisen from one judgment dated 29th March, 1995 delivered by the learned single Judge by which he disposed of Civil Writ Petns. Nos. 1677 and 1678 of 1987.

(2.) The Municipal Committee, Rania, Tehsil and District Sirsa (hereinafter called 'the Municipal Committee') and the respondents of these two L.P.Ss. filed petition for eviction of the appellants from the land measuring 82 Kanals 6 Marlas comprised in Rectangle No. 110, Killa Nos. 3, 4, 6, 7, 8, 11, 12, 13, 14 and 15 situated in village Rania, Tehsil and District Sirsa, and for recovery of damages for the use and occupation of the aforesaid land with effect from 1-4-1978 till the date of the filing of the petition at the rate of Rs. 1375/- per acre under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for short 'the 1972 Act') alleging that the appellants were in unauthorised possession of the land in dispute and that they had retained it by unlawful means since 1-4-1978. Prior to this the appellants got this land on Chakota (Rent) which expired on 31-3-1978. After the expiry of the period, they ought to have delivered the possession of the land to the Municipal Committee, but they failed to do so. The possession of the appellants is unauthorised and they are liable to pay compensation for the use and occupation of the land at the rate of Rs. 1375/- per acre. This application was resisted by the appellants on the main plea that the petition under Sections 5/ 7 of the 1972 Act was not maintainable and that they are cultivating the land as tenants Gair Maurusi since long and that the Municipal Committee has no right, title or interest in the said land. The Collector Sirsa by declining the defence of the appellants passed the ejectment order dated 26-91983 by holding that the appellants took this land on Chakota (Rent) for 1977-78 only and after the expiry of the said period, their possession has clearly become unlawful and they are liable to be ejected.

(3.) Aggrieved by the older of the Collector, the appellants filed appeal before the Commissioner (Appeals), Hissar Division, who vide order dated 29-1-1987 affirmed the findings of the learned Collector and dismissed the appeal. Once again it was held by the Commissioner that this land was taken on Chakota from the Municipal Committee, Rania, and not from the Central Government, as pleaded by the appellants before the Commissioner. The appellants were not satisfied with the orders passed by the Collector as well as the Commissioner. They filed two Civil Writ Petns. Nos. 1677 and 1678 of 1987 in this Court, which were disposed of vide judgment dated 29-3-1995 passed by the learned single Judge. The appellants averred in their writ petitions that 660 shares out of 793 shares vested in the Central Government, while the remaining 133 shares vested in the Gram Panchayat, Rania. Mutations in this regard were duly sanctioned. On the basis of these mutations it was pleaded by the appellants in the writ petitions that the findings recorded by the authorities under the 1972 Act could not be sustained. Also it was pleaded that the appellants were in cultivating possession of the land as tenants Gair Maurusi on payment of annual rent at the rate of Rs. 80/- per acre under the Central Government and it cannot be said that their possession is unlawful. On these premises the appellants challenged the orders of the Collector as well as the Commissioner with the prayer for their quashment.