DEVINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of 7 writ petitions bearing Nos. 2142 of 2008, 1055, 1056, 1065, 1066, 1068 and 1148 all of 2009. To dictate order, facts are being taken from CWP No. 2142 of 2008. This writ petition has been filed to lay challenge to order dated 30.03.2007 (P -2) ordering ejectment of the petitioner from shop No. 8, situated in Gandhi Bazar, Kharar, District S.A.S. Nagar, Mohali. Further challenge is to the order dated 23.10.2007 (P -4) dismissing appeal filed by the petitioner. Admittedly, shop in dispute is in the ownership of Panchayat Samiti, Kharar. As per record, respondent No. 5 - Panchayat Samiti filed an application under Sections 4 & 5 of the Punjab Public Premises(Eviction of Unauthorized Occupants) Act, 1971, by stating that the period of lease in favour of the original allottee has expired. The petitioner, is an unauthorized occupant, and as such, has no right to remain in possession of the shop in dispute.

(2.) UPON notice, reply was filed by respondent No. 5 stating there in that in the year 1950, this shop was taken on lease by grandfather of the petitioner namely Kartar Chand, who died on 02.10.1992. On the basis of Will, his son (father of the petitioner), namely Parkash Chand came in possession of the shop in dispute. After his death, petitioner is running his business from this shop. It has further been stated that the petitioner was paying rent regularly and it was being accepted by the authorities, without raising any objection. However, respondent No. 5 stopped accepting the rent in month of August 2005.

(3.) AT this stage, Shri. T.P.S. Thung, who represents the petitioner, gives a very fair offer that in case the matter is sent for reconsideration to the Collector, the petitioner shall enhance rent to the tune of Rs. 1,700/ - per month. This Court feels that offer made is very justified and genuine. It is on record that till 2005, the respondent No. 5 continued to receive rent at the rate of Rs. 83/ - per month only. Under orders of this Court, rent, on the old rate, has been paid up to 30.04.2009.