RATI RAM Vs. MUNICIPAL COMMITTEE CHEEKA

JUDGEMENT

(1.) Petitioner has filed this petition challenging order dated 8.11.2006 passed by the Assistant Collector, Ist Grade, Guhla and order dated 7.2.2007 passed by the Commissioner Ambala Division, Ambala. Vide the said orders, the application moved by the petitioner for depositing the lease money for the year 2005-06 and 2006-07 at the rate of Rs.4300/- per year per acre was dismissed. Hence, the present revision petition. After hearing the learned counsel for the parties, I am of the opinion that the instant revision petition is devoid of any merit and deserves to be dismissed.

(2.) Petitioner had earlier filed Regular Second Appeal No. 599 of 2001 challenging the judgments and decrees passed by the Courts below. The Regular Second Appeal was disposed of vide order dated 25.7.2003 by this Court and the following order was passed:- "œIn view of the fair stand adopted by Sh. Manchanda, the judgments and decree of the two courts below are set aside and the present appeal is allowed. The matter is remanded back to the learned trial Court for fresh decision. Now the learned trial court shall provide three effective opportunities to the plaintiff to lead his entire evidence. The entire evidence shall be led by the plaintiff at his own responsibility and without seeking any assistance of the court. After the evidence of the plaintiff is concluded on those three dates, when two effective dates would be fixed for the evidence of the defendant municipal committee. Similarly, the defendant municipal committee shall also lead its entire evidence at its own responsibility. It is made clear that if either of the parties, namely, the plaintiff or the defendant fail to lead their respective evidence on the date so fixed by learned trial Court then no further opportunity in any manner shall be granted by the learned trial court to the parties. It is further directed that all the arrears of the lease money at the rate of Rs.4300/- per annum shall be paid/deposited by the plaintiff with the municipal committee before any opportunity of leading the evidence is granted to him. If the arrears of the lease money, as stated above, are not deposited by the plaintiff, then no opportunity of leading any evidence shall be granted to the plaintiff. "

(3.) Thus, in the said proceedings, the matter was remanded back to the trial Court for a fresh decision and the arrears of lease money were ordered to be deposited at the rate of Rs.4300/- per annum with the Municipal Committee before they would be allowed any opportunity of leading evidence. From this, it cannot be inferred that the lease amount had been fixed by this Court for all times to come. The case of the respondent is that now the lease money has risen to Rs.9040/- per year per acre. The said amount of lease money was being taken from the other lease holders. In these circumstances, the Courts below had rightly dismissed the application filed by the petitioner for deposit of lease money at the rate of Rs.4300/- per acre per year as now they are required to pay lease money as is being paid by the other lease holders. No ground for interference is made out. Dismissed