A.K. Mathur, J. - (1.) Both these appeals involve common questions of law & fact therefore, they are disposed of by this common order.
(2.) For convenient disposal of these appeals, the facts given in C.A.No.433 of 2000 are taken into consideration. This appeal is directed against the order dated 21.7.1998 passed by learned Division Bench of the High Court of Punjab and Haryana. The Division Bench disposed of C.W.P. No.11059 of 1998 and C.W.P. No. 11066 of 1998 both by this order. The Division Bench took the view that by virtue of Section 8 of the Punjab Security of Land Tenures Act, 1963, (hereinafter to be referred to as the Act of 1963 ) tenancy does not come to an end on change of ownership or even on the death of the land owner. It was also held that the appellants became the owner of the disputed land and the contesting respondents were tenants. This finding of fact was given on the basis of the jamabandi i.e. revenue records. In jamabandi it was recorded that the respondent was a tenant on payment of Rs. 64/- per kila sal tamam i.e. for one year. It further observed that after the Gram Panchayat became the owner it was receiving the rent from the contesting respondents, therefore, the Gram Panchayat accepted them as tenants. This was contested by the Gram Panchayat and it was submitted that such voluntary deposit of rent by occupier of land cannot be deemed to be tenant. In this connection, the Full Bench decision in the case of Gram Panchayat, Village Haripura v. Commissioner, Ferozepur and Ors. reported in was placed before the Division Bench. The Division Bench distinguished this case and dismissed the writ petition holding that the decision in the case of Gram Panchayat, Haripura (supra) was with regard to tenancy on year to year lease basis and after expiry of the lease by efflux of time tenancy had come to an end. Aggrieved against this order of the Division Bench present special leave petition was filed and leave was granted and it was registered as appeal. Learned Counsel for the appellant submitted that the view taken by the Division Bench is erroneous and Full Bench decision squarely covers the present case on facts as well as law.
(3.) Brief facts of this case are that an application was filed by the Gram Panchayat, Haripura through its Sarpanch under Sections 4 and 7 of the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 against the contesting respondent for his ejectment from the land situated within the revenue estate of the village Haripura on the ground that the Gram Panchayat is the owner of the land in question and the contesting respondent was cultivating the land unauthorized and the respondent has not vacated the land in question despite request and the respondent be ordered to pay Rs.2933.60 as rent for use and occupation of the land in dispute. The respondent on being summoned appeared and was given an opportunity to file his reply. Both the parties were directed to place evidence in support of their respective pleas. The Gram Panchayat produced Sh.Badasukh, Panch and Nathu Ram, Sarpanch and respondent produced Ramesh Gupta, Ahlmed of court of E.M., Abohar Sh. Krishan Murari Clerk and Sh. Gurdev Singh Patwari Halqe Haripura. It was submitted before the Collector that there is no valid record produced by the respondent to show that he has been cultivating the land with the consent of the Gram Panchayat therefore the Sarapanch of the Gram Panchayat has been authorised to file the present suit. It was prayed that the respondent be ejected from the land in question. On the other hand, it was submitted by the respondent that the rent for the land in question has already been paid by the respondent and that the respondent has been cultivating the land as a tenant at will under the Gram Panchayat since very long time. It was also contested by the Gram Panchayat that mere entry of the respondent in the revenue record as a tenant from year to year does not characterise them as an authorised tenant in the land in question.;