MEHRUNNISA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN order had been passed in favour of the petitioner by the Estate Officer on 17. 4. 1989 under Section 4 & 5 of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (for short ``the Act of 1964'') wherein the suit was filed by the respondents for eviction of the petitioner from Shop No. 143 at Chowkri Sarhad, Jaipur, Rajasthan contending that the petitioner has not paid the entire amount for the shop in question as a result of which she was liable to be evicted. The Estate Officer after hearing both the sides recorded a finding that Shop No. 143 at Chowkri Sarhad, Jaipur, which is in occupation of the petitioner is not unauthorised in nature as there had been a compromise in regard to the amount which the petitioner was to pay for the shop. It was further recorded that the petitioner in pursuance of the agreement has already paid the entire amount for the shop in question and in support thereof all the receipts were produced before the Estate Officer. It was further categorically recorded that ***

(2.) THUS, the application of the respondent was rejected by order dated 17. 4. 1989. The respondents neither challenged this order in this Court nor elsewhere by filing any appeal under Section 9 of the Act of 1964 and kept silent over the matter by refusing to execute the agreement in favour of the petitioner although it was directed to do so in the order referred to hereinbefore. On the contrary they sent a demand notice to the petitioner to deposit Rs. 70,895/ -. The petitioner, therefore, was compelled to file this writ petition placing reliance on the order of the Estate Officer passed way back on 17. 4. 1989.