- (1.) Vide this present order, which is directed against the judgment of the learned Single Judge dated 13.01.2012, seven connected Letters Patent Appeals shall be disposed of. For reference, facts are being taken up from LPA No. 917 of 2012 arising out of CWP No.18250 of 1994
(2.) The deceased writ petitioner, who was a tenant, was ordered to be ejected on the ground of non-payment of the batai since 1986 vide order dated 30.11.1990 passed by the Assistant Collector, 1st Grade, Kurukshetra. The Assistant Collector Ist Grade, Kurukshetra noticed that the tenant had taken the defence that the batai had been paid and had placed reliance upon the receipts which bore revenue stamps. Since initially the case had been dismissed by the Assistant Collector on 29.03.1990 and two applications had been accepted by the Collector vide his order dated 30.06.1990, who had remanded the case with the direction that a report be taken from the Forensic Science Laboratory. As per the records of the revenue Courts below, the report of the expert was that the revenue stamps were of the year 1988 whereas the receipts were prepared for the years 1986-87 and the revenue stamps of the year 1988 were pasted on them. Accordingly, the defence of the appellant-tenant was rejected and the eviction was ordered. This order was upheld in appeal on 25.01.1991 by the Collector, Kurukshetra and by the revisional authorities i.e. Commissioner, Ambala Division on 22.07.1992 and by the Financial Commissioner on 03.10.1994.
(3.) The plea taken before the Financial Commissioner was that the petitioner was ready to deposit the entire rent amount of Rs. 5,400/- and, therefore, the default should be condoned in making the payment of rent. The said plea was not accepted.;