Punjab-Haryana High Court
Wazir Singh vs The Deputy Commissioner And Ors. on 30 January, 2003
Equivalent citations: (2003)134PLR51
Author: S.S. Nijjar
Bench: S.S. Nijjar, Hemant Gupta
JUDGMENT S.S. Nijjar, J.
1. We have heard the learned counsel for the parties at length and perused the record of the case,
2. The petitioner and respondent No.4 had been granted lease of the premises belonging to the Municipal Council which expired on 31.3.1992. Thereafter, the tenants continued in possession of the premises without the payment of rent. It was pleaded by the petitioner that the premises had initially been let out to respondent No. 4 who had sublet the same to him. The petitioner made an offer before the Collector that he is prepared to pay the lease money for 10 years but in instalments. He claimed to be a riot effected and poor person. Taking this into consideration, the Collector permitted the petitioner to pay the lease money in instalments. It was, however, directed that if the petitioner commits any default, he shall be liable to ejectment forthwith. The petitioner, thereafter, defaulted in making the payment of the lease amount. An application was moved by the Municipal Council for possession in view of the orders passed by the Collector on 12.6.1996. An application was filed by the Municipal Council, Malerkotla, on 7.1.1997, for recovery of rent from 1.8.1992 to 31.12.1996. Even this application of the Municipal Council was dismissed vide order dated 24.2.1999, as the Municipal Council had failed to calculate the amount to be paid by way of instalments. Thereafter, the details of the amount due and the instalments were supplied to the petitioner, but still no amount was paid. The Municipal Council, thereafter, made another application for execution of the order dated 12.6.1999. This application was also dismissed by the Collector, Malerkotla, on 26.7.1999 with the observations that the Municipal Council is at liberty to file an application before the competent court. Thus, the Municipal Council filed the appeal under Section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, and sought the eviction of the petitioner from the premises. The appeal filed by the Municipal Council against the order dated 26.7.1999, has been accepted and the petitioner herein, has been directed to deposit the lease amount upto 20.11.2001 and the interest at the rate of 12% annually along with sublet fee for the years 1996-97. It has been further directed that if the petitioner does not pay the aforesaid amount within the prescribed time, he be ejected from the premises in dispute.
3. Respondent No.3 has filed the written statement. It is stated that the petitioner has not come to the Court which clean hands. He had filed a civil suit for declaration to the effect that the plaintiffs therein are entitled to get the tenancy rights of Shop No. 10 transferred in their favour without payment of any transfer fee which is equivalent to 10. years rent. The suit was dismissed in default vide order dated 22.7.2000. On merits, this respondent had stated that the petitioner has wrongly stated that the amounts due to the Municipal Council were not conveyed to the petitioner. He merely wanted to get the tenancy rights transferred in his name without paying the dues to the Municipal Council. Admittedly, the shop was let out by the Municipal Council to Harnam Singh and after his death, respondent No.4 had sublet the premises to the petitioner. Therefore, he had no right to stay in the property without making payment of the dues to the Municipal Council.
4. We have considered the submissions made by the learned counsel for the parties.
5. We are of the considered opinion that the petitioner, admittedly, being in un-authorised occupation of the premises of the Municipal Council, cannot be granted any equitable relief. Necessary proceedings under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, having been concluded against the petitioner, no relief can now be granted.
We find no ground to interfere in the present writ petition. Dismissed. No costs.