- (1.) Baldev Singh has filed this petition to challenge the proceedings concluded against him under the Punjab Pubic Premises and Land (Eviction and Rent Recovery) Act, 1973. According to the petitioner, a petition had been filed against him by the Forest Range Officer on January 17, 1994 in which he appeared and filed his reply pleading that he had been in possession of the land since long, had installed a tube well on the property and spent a huge amount of money for making it fit for cultivation. He had also been paying lagaan to the State. Reliance was placed on the rent receipts Annexures P/3 to P/5.
(2.) The Collector dismissed the petition on February 28, 2003 on the ground that the petition did not contain any specific khasra numbers. In the appeal filed by the Forest Range Officer before the Commissioner, the matter was remanded back to the Collector for a fresh decision. After remand, the Collector came to the following conclusion:- "...It will be seen that as per entries existing in the jamabandies for the years 1989-90 Ex. A/1 and 1999-2000 Ex. P/3 to which presumption of truth is attached under the law, the land in question is recorded to be the ownership of the Provincial Government (Forest Deptt.), in the unauthorized possession of the respondent. The respondent deposited Lagaan with the Punjab State in respect of the said land during 1990 & 1991 at his own risk. Since the Punjab State (Forest Department) is proved to be owner of the land in question and the respondent is in unauthorized possession thereof without payment of any lagaan, I order the eviction of the respondent from the land detailed in the head-note above."
(3.) The petitioner filed an appeal which was also dismissed on August 30, 2005. The Commissioner upheld the view that Baldev Singh had failed to pay rent and had, therefore, became unauthorized occupant.;