AVTAR KRISHAN AHUJA Vs. CHUNI

JUDGEMENT

(1.) THESE are fifteen recommendations received from Collector Sirsa who vide his order dated 10.6.1992 has recommended that by reversing the order of Assistant Collector 1st Grade Sirsa dated 4.11.1991, the suit for payment of Batai may be decided instead of keeping it pending until the decision of the surplus area case of the petitioners. The counsel for the petitioners stated that it is settled law that tenants are required to pay rent/Batai to the landowner and until the land is declared surplus, the landowner continues to be entitled to receive Batai. Under Section 12 of the Haryana Ceiling on Land Holdings Act, 1972, vesting of surplus area in the State takes place only from the date of declaration of land as surplus. The relationship of landlord and tenant remains uninterrupted until the land is declared surplus. This contention was supported by the counsel for the pro forma respondents. The counsel for the respondents Shri J.S. Thind stated that the surplus area case has since been decided on 23.8.1989. He had no particular arguments to offer regarding obligation of the tenants to pay Batai before the declaration of land as surplus.

(2.) I find that the recommendation made by the Collector is fully justified and in accordance with law. The recommendation is accordingly accepted. The case is remanded to Assistant Collector 1st Grade, Sirsa with the directions to decide the cases regarding payment of Batai accordingly. Announced. Recommendation accepted.