SAVITRI DEVI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners, who are the landlords, have filed the instant writ petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing the order dated 23.7.1998 (Annexure P-4) passed by the Financial Commissioner (Taxation), Punjab vide which the order of ejectment passed against the respondent-tenant was set aside and he was allowed an opportunity to deposit the decretal amount of rent.

(2.) The petitioners (hereinafter referred to as 'the petitioners-landlords') are the land owners of the land in question measuring 51 Kanals 8 Marias situated in village Ram-sara, Tehsil Abohar, District Ferozepur. The respondent, Hari Ram (hereinafter referred to as 'the respondent-tenant) is the tenant on the aforesaid land on 1/3rd batai. On 14.12.1992, the petitioners-landlords filed a suit for recovery of Rs. 14,440/- against the respondent-tenant being 1/3rd share of batai for the crops Kharif 1991 and Rabi 1991 in respect of the aforesaid land on the allegations that the respondent-tenant did not pay the share of the produce to them despite demand and request made by them. The Assistant Collector 1st Grade, Abohar vide his order dated 29.4.1993 decreed the said suit of the petitioners with costs. A decree for recovery of Rs. 14,440/- as passed and cost was assessed as Rs. 1455.25.

(3.) Though the suit of the petitioners-landlords was decreed on 29.4.1993 yet the respondent-tenant did not pay the decretal amount. Therefore, the petitioners-landlords filed an application before the Assistant Collector 1st Grade, Abohar under Sections 42, 43 and 44 of the Punjab Tenancy Act, 1887 (hereinafter referred to as 'the Tenancy Act') with a prayer that respondent-tenant, who was the judgment debtor may be given notice in the prescribed form to pay the decretal amount to the petitioners-landlords within a period of 15 days, and if he fails to comply with the direction given in the notice, the ejectment of the respondent-tenant be ordered from the land in question.