Rakesh Kumar Jain, J. - (1.) This order shall dispose of 6 petitions bearing CWP Nos.6368 to 6373 of 2000 as the facts and issues involved in all the writ petitions are common. However, for the sake of convenience, the facts are being extracted from CWP No.6373 of 2000.
(2.) This case has a chequered history which is summarized as under:- One Om Parkash S/o Ravi Dutt was a big land owner. He entered into a partnership deed with Lauti Ram and Roop Ram on 29.10.1947 as per which ⅔rd share of the profit was to be retained by Om Parkash S/o Ravi Dutt and ⅓rd share by the other two partners. Since there was a dispute between the partners about the rendition of accounts, therefore, Om Parkash S/o Ravi Dutt filed a suit for dissolution of partnership deed and rendition of accounts on 04.11.1949. While the said suit was pending, Om Parkash S/o Ravi Dutt sold 169 Bigha 17 Biswas of land by way of three separate sale deeds to Jodha Ram, Rati Ram and Lekh Ram on 23.11.1953 and mutation No.234 was sanctioned in their favour on 12.09.1955. On 28.06.1960, land of Om Parkash S/o Ravi Dutt was declared surplus by the Collector (Agrarian), Sonepat, including the land which had already been sold on 23.11.1953 to the petitioners. The consolidation took place in the year 1957-58 and the land measuring 169 Bigha 17 Biswas was converted into 287 Kanal 05 Marlas. The suit filed by Om Parkash S/o Ravi Dutt was decreed and the cross-objections filed by Lauti Ram, who was a defendant in the suit, were dismissed. The appeal filed by Lauti Ram bearing Civil Appeal No.41/13 was disposed of on 18.06.1970 by the District Judge, Rohtak, in which it was held that Lauti Ram etc. would be entitled to remain in possession of the land in question as tenants. Lauti Ram and Roop Ram filed execution of the decree dated 18.06.1970 in which the Executing Court passed the order on 15.02.1972 and possession was delivered to them in the capacity of tenants. It is pertinent to mention that in this execution, the vendees of the land in question, by virtue of the sale deed dated 23.11.1953, filed the objections because they were in possession after purchase of the land but since the Court had found Lauti Ram and Roop Ram entitled to possession as tenants, therefore, while executing the decree dated 18.06.1970, possession was delivered to them on 17.01.1973 after taking the same from the petitioners-vendees.
(3.) The petitioners-vendees then filed three applications under Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the "Act") seeking eviction of the private respondents herein, which were allowed by the Assistant Collector 1st Grade on 26.12.1975. The order of eviction dated 26.12.1975 was reversed by the Collector in appeal and was maintained by the Divisional Commissioner and the Financial Commissioner. Ultimately the writ petition filed against those orders were dismissed in limine by this Court on 08.01.1981. The order of this Court passed in the proceedings initiated under Section 9(1)(i) of the Act was challenged before the Apex Court in which an interim order was passed on 08.11.1982 to the effect that "the Financial Commissioner will determine the question of reasonable rent in the proceeding which is pending between the parties for eviction on the ground of rent. Upon determination of the reasonable rent, the respondents-tenants shall deposit arrears of rent in the same Court within a month after determination and shall deposit future rent in that Court from time to time in accordance with the agreement or usage. The deposit will be made without prejudice to the rights and contentions of the parties".;