MAM DEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON September 8, 1992, the petitioner took the land measuring 93 kanals 3 marlas on lease from the respondent-Gram Panchayat. The lease was for a period of two years. The petitioner had to pay Rs. 36,000/- per year. This period expired on September 7, 1994. Despite that the petitioner has not vacated the land. He has also not paid any lease money after September 1994. Yet the petitioner maintains that the Gram Panchayat cannot ask him to vacate the land in dispute.

(2.) AFTER the expiry of the lease, the petitioner apprehended his eviction. He filed a civil suit for the issue of a permanent injunction restraining the panchayat from dispossessing him except in due course of law. This suit was decreed by the civil Court vide its judgment dated April 10, 1995. It was held that the panchayat shall not dispossess the petitioner except in accordance with law.

(3.) THE petitioner alleges that the Gram Panchayat is not the owner of the land. In fact, the entire area in possession of the panchayat was partitioned. The land in dispute was found to be 'evacuee' property and belongs to the Custodian. Thus, the Panchayat had no right to initiate proceedings under Section 7 or to seek the eviction of the petitioner. On this basis the petitioner claims that the impugned orders deserve to be quashed.