SUSHIL KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition has been filed by Sushil Kumar seeking quashing of the order dated April 21, 2004 passed by the Assistant Collector Ist Grade, Fatehabad.

(2.) According to the petitioner, he along with his co-owners was owner in possession of 72 kanals 9 marlas of land in Bhattu Kalan. Jagdish and Shankar Lal sons of Nathu Ram were tenants on the said land. The petitioner had filed an application under Section 14 (A) (i) of the Punjab Security of Land Tenures Act, 1956, in form L for ejectment of Jagdish and Shankar Lal-respondents 4 and 5 for non-payment of rent.

(3.) The application was allowed by the Assistant Collector Ist Grade on January 25, 1999 and the respondents 4 and 5 were ordered to be ejected from the land in dispute. Their appeal was dismissed by the Collector on January 17, 1999. In the revision filed by the respondents, the Commissioner came to the conclusion that the order ejecting the tenants on the basis of default of payment of rent for Rabi 1994 was not sustainable. The Commissioner ordered that only rent for Kharif 1994 was recoverable and directed the tenants to pay the rent in the court of Assistant Collector Ist Grade, Fatehabad, the amount to be determined by the Assistant Collector Ist Grade, on the basis of the order dated January 25, 1999 and to be paid within 30 days of the Commissioner's order which was passed on October 29, 2003. Accordingly, the Commissioner made a recommendation to the Financial Commissioner to accept the petition. The petition was accepted, however, since respondents failed to pay the rent, the petitioner applied for and got issued warrants of possession on December 23, 2003.