- (1.) This order shall dispose of C.W.P. Nos. 10040 & 10090 of 2008, involving common questions of law and facts. However, to dictate orders, facts have been taken from C.W.P. No. 10040 of 2008 titled Ranjit & another v. Financial Commissioner, Haryana, Revenue Department & others. Challenge in the present writ petition is to the order dated 15.11.2000 (Annexure P3) whereby the petitioners were ordered to be evicted from the land in dispute on account of non-payment of rent. The said order has been upheld in appeal on 14.05.2003 (Annexure P4) by the Collector, Sonepat and also by the Commissioner, Rohtak, vide order dated 14.12.2006 (Annexure P5) and was further granted the seal of approval by the Financial Commissioner on 12.02.2008 (Annexure P7), which are also subject matter of challenge in the writ petitions.
(2.) The sole question that arises for consideration is as to whether the petitioners, who were tenants in the land in dispute, are entitled for an opportunity to make payment of arrears of rent and interest on account of the C.W.P. No. 10040 of 2010 & another connected case failure to calculate the rent by the Assistant Collector, 1st Grade, as per proviso of Section 14-A(i) of the Punjab Security of Land Tenures Act, 1953, as applicable to the State of Haryana (for short, the 'Act').
(3.) To appreciate the controversy, necessarily the facts have to be appreciated and perusal of the paperbook would go on to show that one Daya Chand along with respondents No. 6 to 10, filed applications for ejectment under Section 9(1)(vii) of the Act on 15.07.1986 and 19.02.1986. The ground was that the patti (rent) of the disputed land was too low and should be fixed as 1/3rd of the produce, as per Section 12 of the Act. The Assistant Collector, 1st Grade had accepted the application and vide order dated 15.12.1986, directed the petitioner tenants to pay rent @ 1/3rd of the produce, regarding the disputed land from Kharif, 1985. It was further directed that the consent of the tenants be given within a period of 2 months, failing which, they would be considered to be ejected from the disputed land. Petitioner-tenants filed an appeal before the Collector and vide order dated 02.04.1988, fixed the rent @ Rs. 400/- per acre. The respondent-landlords went in appeal before the Commissioner, Rohtak and the rent was fixed @ 1/4th of the produce. Eventually, vide ex parte order dated 22.01.1997, passed by the Financial Commissioner, the rent was fixed @ Rs. 400/- per acre from Kharif, 1985 till the said date and thereafter, it was to be @ 1/3rd of the produce of the patti to the landlord and the tenants were directed to execute the kabuliatnama within 4 months. Relevant portion of the order dated 22.01.1997 reads as under: "Having regard to the facts of the case, the revision petitions are allowed to the extended that fixed rent @ Rs. 400/- per acre would be paid to the landowner from kharif 1985 till the date of announcement of this order. Thereafter rent @ 1/3rd of the produce will be paid to the landowner. Respondent is directed to execute the kabuliatnama within a period of 3 months.";