LAKHMI SINGH Vs. DEPUTY COMMISSIONER, SANGRUR AND OTHERS

JUDGEMENT

(1.) The petitioner has knocked the doors of this Court challenging the order of the Collector dated 26.3.2001(Annexure P-4) whereby the application filed under Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 for the ejectment of the petitioner from the plot/shop/premises, the description of which has been given in the heading of the application, has been partly allowed and the appeal filed thereto has been dismissed.

(2.) The prime grievance of the petitioner is that the petitioner vide agreement Annexure P-1 dated 18.3.1986 was given a plot on lease on the basis of rent of Rs. 325/- which was to be paid by 7th of every month. It was also written in the agreement that the petitioner will not sublet the premises and on expiry of the lease period he would hand over the possession and ownership thereof to Nagar Palika. The said application for ejectment (Annexure P-2) was filed on 25.02.1997 on the premise that the petitioner was in arrears of rent of an amount of Rs. 31775.65 ps as damages w.e.f. 1.5.93 to 28.2.97. The lease expired on 31.3.92 and by that time the lease money was enhanced to Rs. 565.35 ps per month and as such the petitioner was in unauthorised use and occupation of the plot in dispute after the expiry of lease period and as such was liable to be vacated.

(3.) The stand taken in the written statement was that the amount alleged was disputed on the premise that the petitioner had paid the following amounts:- <FRM>JUDGEMENT_219_LAWS(P&H)3_2017_1.html</FRM> This amount has not been adjusted and copies of the receipts have also been attached. The Collector vide impugned order concluded that the plot in question is owned by the Nagar Palika and was taken on lease. Once the petitioner had been in arrears of lease money and that has already been paid, therefore, the respondent was not entitled to claim the same from the petitioner. The appeal filed by the petitioner has also been dismissed vide impugned order Annxure P-6 i.e. the order rendered by the Commissioner.