LAWS(P&H)-2008-10-16

STATE OF HIMACHAL PRADESH Vs. RAM PIARI

Decided On October 16, 2008
STATE OF HIMACHAL PRADESH Appellant
V/S
RAM PIARI Respondents

JUDGEMENT

(1.) . The State of Himachal Pradesh through the Secretary Forests, Ministry of Forests has invoked the revisional jurisdiction of this Court to challenge the order passed by the learned Rent Controller, Jagadhri as affirmed by the learned Appellate Authority, Ambala ordering eviction of the petitioner on an application moved under Section 13 of the East Punjab Urban Rent Restriction Act of 1949.

(2.) LATE Smt. Ram Piari filed an application under Section 13 of the East Punjab Urban rent Restriction Act of 1949 for ejectment of the petitioner from land measuring 300 ft. x 140 ft. equal to 3 Bighas-6 Biswas on the plea that Sham Singh and Narain Singh were owners of 30 Bighas 13 Biswas land including the disputed land. The land was leased out to the Forest Department of Erstwhile Jubbal State which subsequently merged with the respondent State and thus the said land came under the tenancy of the petitioner State through Ministry of Forests.

(3.) IT was claimed that Sham Singh and Narain Singh actually sold the disputed land measuring 3 Bighas 6 Biswas out of the said land to late Smt. Ram Piari vide sale deed dated 28.3.1972, so she claimed to be landlord and the petitioner State as tenant under her with respect to the land purchased by her.