SHANTI DEVI Vs. MUSSADI

JUDGEMENT

(1.) THIS is a revision petition under Section 24 of the Punjab Security of Land Tenures Act, 1953 read with Section 84 of the Punjab Tenancy Act, 1887 filed against the orders dated 21.10.93 and 18.4.94 of the Collector, Hisar and the Commissioner, Hisar Division respectively, for setting them aside and for restoring/confirming the order dated 2.2.93 of the Assistant collector 1st Grade, Hisar, in an ejectment case on account of non-payment of Batai.

(2.) FACTS of the case are that the present petitioners Shanti Devi and Savitri Devi had moved an application before the Assistant Collector 1st Grade Hisar on 29.5.92 for ejectment of the respondents Mussadi etc. on account of non-payment of Batai from Rabi 1987 to Rabi 1992 (Rs. 96221.86) as Ghair Maurusi tenants on the land measuring 144 kanals and 8 marlas situated in village Hisar, Tehsil and District Hisar. The Assistant Collector 1st Grade vide his order dated 2.2.93 ejected the respondent-tenants from the land in dispute holding them as defaulters of non-payment of the Batai without sufficient cause. The respondent-tenants Mussadi etc. Then filed an appeal before the Collector Hisar who vide his order dated 21.10.93 remanded the case to the Assistant Collector 1st Grade, Hisar for determining the amount of Batai to be paid to the petitioners. Both the parties then filed two cross-appeals before the Commissioner Hisar Division who vide his order dated 18.4.94 dismissed the appeals finding that the Collector in the interest of justice had remanded the case to the Assistant Collector 1st Grade for determining of rent actually due from the respondent- tenants and for calculating the interest and then giving an opportunity to deposit the money in question. Further, that both the counsel have also agreed that in five cases out of six ones the amount in question has been deposited and received by the petitioner-landowners Smt. Shanti and another. Now the petitioners have filed the present revision before this Court.

(3.) ON the other hand the learned counsel for the respondent has stated that the ejectment application was made by the petitioners on 29.5.92 whereas the notification amending Section 14-A(i) of the Punjab Security of Land Tenures Act, 1953 was issued on 19.5.92 in which it is provided that if the tenant makes payment of arrears of rent and interest, to be calculated by the Assistant Collector 1st Grade, at 8% per annum on such arrears together with such costs of application, if any, as may be allowed by the Assistant Collector, either on the day of first hearing or within fifteen days of the date of hearing, shall not be ejected. The counsel for the respondents accordingly states that since the Assistant Collector 1st Grade failed to calculate the rent alongwith interest etc. due for payment, vide his order dated 2.2.93, his order was rightly set aside by the Collector and the Commissioner vide their orders dated 21.10.93 and 28.4.94 respectively. He has also argued that no notice under Section 14-A(ii) was ever served upon the respondents by the petitioners for payment of rent etc.