- (1.)The petitioners here are the tenants. They are aggrieved by the order dated May 5, 1986 by which the Financial Commissioner accepted the recommendation of the Commissioner and held that the present petitioners "have been defaulting in the payment of rent and the petitioners (present respondent Nos. 3 and 4) had to resort to approach the revenue officers for the recovery of rent due. No satisfactory explanation is forthcoming for these defaults. The only reason given was that because of litigation between the parties regarding the quantum of rent the respondents did not pay the rent regularly but as discussed earlier such litigation did not cover the land in dispute in the present case. Therefore, this excuse is not available to the respondents."
(2.)Mr. Rameshwar Malik, learned counsel for the petitioners has challenged this order on two grounds. Firstly, it is contended that the Financial Commissioner has erred in not referring to the statement of Mr. Dharam Pal, respondent No. 3. Secondly, it has been contended that the learned Financial. Commissioner has not found as a fact that the petitioners had defaulted in the payment of rent without sufficient cause.
(3.)Both the pleas raised by the learned counsel for the petitioners are untenable. Firstly, no copy of the alleged statement of Dharam Pal has been produced on the record, of the case. Secondly, it as not been pointed out that the said respondent had admitted at any stage that rent was not due from the petitioners. In fact, even on being specifically asked to point out any statement showing an admission by the respondent-landlord that rent had actually been paid. Learned counsel has not been able to refer to any such evidence. Furthermore, a person cannot normally remember the details of period for which the different amounts are due. The Financial Commissioner has in paragraph 4 of the order specifically referred to the documentary evidence to show that rent had in fact been due for various crops. Accordingly, the first contention raised by the learned counsel cannot be accepted.