J M MESSEY Vs. CUSTODIAN EVACUEE PROPERTY PUNJAB SIMLA
LAWS(P&H)-1954-9-11
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 23,1954

J.M.MESSEY Appellant
VERSUS
CUSTODIAN EVACUEE PROPERTY, PUNJAB, SIMLA Respondents

JUDGEMENT

Kapur, J. - (1.) This is a petition under Article 226 of the Constitution of India for a writ of mandamus directing the opposite party to forbear from realizing a sum of Rs. 1,200/- from the petitioner.
(2.) The petitioner WAS a District Liaison Officer under the East Punjab Government and was sent to Lahore and his salary was Rs. 500/- and he worked as such officer from September 1947 to December 1948. While he was away his family lived from January 1948 to December 1948 in two sets of rooms of the Central Hotel, Simla, which had been leased out to one M. L. Kochhar who was running it as a hotel. The petitioner claims that during the time that he was away his family was entitled to free accommodation at Government expense; at any rate he is not liable for anything more than 10 per cent. of his salary as rent. Although the claim against the petitioner was at one time Rs. 200/- per mensem, it is admitted by the opposite party that it was reduced to Rs. 100/- per mensem. The petitioner resigned from his office in. May 1949. Annexure 'A' which has been placed on the record by the petitioner shows that the Punjab Government decided that a sum of Rs. 1,200/- be recovered from the petitioner for the period of occupation of the two sets of rooms and that instead of Rs. 2,200/- which is being claimed by Mr. Kochhar he should be given credit for Rupees 1,200/-. A copy of this order dated 20-8-1953 was sent to Messey by an endorsement dated 2-91953 in which it was stated:-- "He should furnish a surety immediately that the instalments as directed in the said orders will be taken by him regularly. At the same time he should remit the first instalment at once."'
(3.) The petitioner alleges that he was neither a tenant nor an allottee of the Custodian, that he never accepted the claim put forward, by the District Rent Controller and that even if it was rent due from him it is barred by time.;


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