KISHAN CHAND Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) Agricultural land measuring 121 kanals 3 Marlas situated in village Darra Khurd, Tehsil Thanesar, District Kurukshetra was leased out by the predecessors of the petitioners to Shri Vasandha Ram (father of the non-official respondents) and another on fixed rent of Rs. 800/- per annum along with 2-1/2 maunds of fruit. On 10.6.1974, the landowners filed an application for fixing of 1/3rd share of the crop as Batai and for execution of Qabuliyat Nama. The same was allowed by the Special Collector, who ordered the tenants to execute Qabuliyat Nama' in favour of the landowners from Rabi 1974 at 1/3rd 'Batai' within three months. After unsuccessfully challenging the order of the Special Collector before the Collector, Kurukshetra, the Divisional Commissioner and the Financial Commissioner, Vasandha Ram etc. filed CWP No. 1025 of 1982, which was dismissed by the High Court on 16.3.1982. The S.L.P. filed by the tenants was dismissed by the Supreme Court on 14.4.1982.

(2.) During the pendency of the appeal and the revision before the Collector, the Divisional Commissioner and the Financial Commissioner, order of the Special Collector remained stayed upto 14.7.1981 but thereafter there was no stay on the payment of rent by the tenants to the landowners. Notwithstanding this, the tenants failed to pay the rent.

(3.) In the meanwhile, landowners filed 4 applications dated 19.8.1980, 9.2.1982, 25.8.1982 and 16.12.1982 in Form-L under Section 14-A(i) of the Punjab Security of Land Tenures Act, 1953 (hereinafter described as 'the 1953 Act') for ejectment of the tenants on the ground that they have failed to pay rent without sufficient cause. These applications were dismissed by the Assistant Collector I-Grade, Thanesar on the ground that due to pendency of an earlier dispute, the tenants could not file application for payment of 'Batai'. The appeals filed by the landowners were allowed by the Collector, Kurukshetra, on 24.4.1984. He remanded the cases to the Assistant Collector for determining whether there was sufficient cause for non-payment of 'Batai' @ 1/3rd and what is effect of non-execution of 'Qabuliyat Nama' within three months after 14.7.1981 i.e. the date with effect from which the stay granted earlier in favour of the tenants became inoperative.