KESHO RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS revision petition under Section 84(1) of the Punjab Tenancy Act, has been filed against the orders of the Commissioner Gurgaon dated 21.12.95, in an ejectment matter.

(2.) FACTS of the case are that the respondents Kamla Devi etc. had given the land in dispute on lease to the petitioners in 1972, on a payment of Rs. 6000/- for a period of 99 years. In 1990 the respondents filed an ejectment petition before the A.C. I saying that the above land had been given on lease for cultivation and the petitioners by constructing shops and houses on the land, without permission, are destroying the quality of agricultural land. They should, therefore, be ejected from this land. The A.C. I dismissed the respondents' application on 8.6.94. On appeal the Collector on 31.7.95 set aside the orders of the A.C. I, and accepting the appeal, ordered the ejectment of the revisional petitioners Kesho Ram etc. from the land in dispute. A revision petition against the Collector's orders was dismissed by the Commissioner on 21.12.95, against which order this revision petition has been filed.

(3.) UNDISPUTEDLY the land was given on 99 years lease to Kesho Ram etc. for the purpose of cultivation and that at the end of 99 years, the lessee was to be considered as ejected from the land without any dispute. The total land measures 29 kanals 11 marlas. As per the version of Kesho Ram etc. petitioners, they have done some construction on this land for agricultural purposes for keeping agricultural equipment etc. and at the same they had provided a drinking water tank for the general public on the road. The inspection carried out while the case was pending before A.C. I, has brought out that the above construction has been raised in an area of 38 ft-10" x 34 ft-7". This construction includes 4 rooms which are in the nature of shops on the road side, a big room at the back and open space which covers about 1/3rd-1/4th of the total area, in the middle. The A.C. I has observed that the construction was being used as a farm house and for the road side travellers and on that basis he dismissed the request for ejectment. The Collector however observed that the lessee had violated the terms of the lease and had constructed a house and shops etc. and on that basis he accepted the appeal and ordered the ejectment of the lessee from the land in dispute. An appeal, made against the Collector's orders by Kesho Ram etc. revision petitioners, was dismissed by the Commissioner.