LPA-1238-2021 (O&M)

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108

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

LPA-1238-2021 (O&M)

DECIDED ON: 7^th APRIL, 2022

SAMANTA AND ANR

.....APPELLANTS

VERSUS

STATE OF HARYANA AND OTHERS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUTICE AUGUSTINE GEORGE MASIH

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Vikram Singh, Advocate

for the appellants.

Ms. Rajni Gupta, Addl. AG, Haryana.

***

AUGUSTINE GEORGE MASIH, J (ORAL)

Learned counsel for the appellants has pressed upon the fact that

appellants had, as a matter of fact, deposited the amount due by way of challan

on the date which is not legible, copy whereof, is appended as Annexure A-1.

He further asserts that Form 'N' has not been served upon the petitioners which

was required to be done by the authorities. This plea, as has been projected by

the counsel for the appellants, was not taken before this Court when the earlier

writ petition i.e. CWP-9762-2007 was preferred by the petitioner-Samanta

leading to the passing of the order dated 12^th December, 2008.

Had it been so, there was no reason why the Court would have

remanded the case back to the Assistant Collector 1^st Grade, Palwal for re-

determination of the amount due along-with interest. It would not be out of

place to mention here that before the learned Single Judge when the order

dated 25^th November, 2021 was passed the only argument which has been

SHAM SUNDER

2022.04.08 10:57

I attest to the accuracy and

integrity of this document

LPA-1238-2021 (O&M)

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raised by the counsel before the said court was that after passing of the

impugned orders, arrears of rent have been deposited and, therefore, a lenient

view be taken. On the basis of the same, learned Single Judge has rightly

observed that deposit of batai/rent after passing of orders of eviction, creates

no equity or rights in favour of the lessee. Otherwise also on perusal of the

order passed by the Commissioner, Faridabad Division, Faridabad dated

20^th November, 2020 makes it apparent that the appellants had not deposited

the rent as determined along-with interest after the remand of the matter by this

Court, to the Assistant Collector Ist Grade, Palwal.

The factual aspects as have been dealt with by the Commissioner,

Faridabad Division, Faridabad in its order dated 20^th November, 2020 would be

relevant which is based upon the records and the same read as follows:-

“

In compliance of order passed by the Hon'ble High Court,

on 18.11.2013 Assistant Collector 1^st Grade, Palwal vide its letter

No.751/Reader dated 19.11.2013, Tehsildar, Palwal was directed

to prepare the map of statement of produce (Naqsha Jhad

Paidawar) in the presence of both the parties and date was fixed

as 09.12.2013 for producing the map. On 09.12.2013, map of

statement of produce was received from kanungo and on that day

Shri Fateh Singh, Advocate had filed his power of attorney on

behalf of the revisionists. According to the statement of produce

the amount of rent was determined as Rs.4632/-, interest was

determined as Rs.4483/- and expenses of suit were determine as

Rs.2000/-, a total of which is fixed as Rs.13115/- and file was

fixed for 06.11.2014 for consideration. The revisionists have not

deposited the amount of rent till date. Thus, eviction Form-7 was

passed.

The main allegations of the revisionists is that

Reader of the Court has not disclosed the fact that when did map

of statement of produce came after due preparation and till what

SHAM SUNDER

2022.04.08 10:57

I attest to the accuracy and

integrity of this document

LPA-1238-2021 (O&M)

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date the amount of rent was to be deposited. Whereas on

09.12.2013, Vakalatnama of Fateh Singh/Amar Singh, Advocate,

on behalf of revisionists is on the file of the court below at page

No.255 and is present before the court. In such circumstances, on

their saying that they did not come to know regarding preparation

of statement of produce, is wrong. The complaint of revisionists

ag