HEMANT GUPTA, J. - (1.) THIS order shall dispose of Civil Writ Petition Nos. 7818 and 8869 of 2007, challenging the order passed by the Commissioner dated 1.3.2007 (Annexure P.11), whereby after setting aside the order of penalty and damages, in an appeal under Section 9 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for short 'the Act'), the Commissioner gave liberty to get the issue of damages resolved through an Arbitrator.
(2.) THE present writ petitions are in respect of two separate godowns taken on rent by the petitioners @ Rs. 16.39 pr MT per month and @ Rs. 11.50 per MT per month for the period 1.4.2000 to 31.3.2001. The dispute regarding possession of the petitioners over the two godowns was firstly taken before the Civil Court in a suit for injunction filed by the petitioners. In the said suit for permanent injunction, the petitioners have filed an application for grant of ad interim injunction as well. Such application came to be decided by the learned trial Court on 23.11.2001. Vide the said order, the defendants were restrained from dispossessing and interfering in the peaceful possession of the godowns in possession of the petitioners. The appeals against the said order were filed, which were dismissed. Thereafter, the respondent-HAFED filed a petitions under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. During the pendency of the said petitions, a statement was made by the counsel for the respondent-HAFED on 12.11.2005 that since the present petitioners have vacated the godowns, therefore, the petitions be dismissed as withdrawn. On the basis of the said statement, the said petitions were dismissed.
(3.) DURING the pendency of the aforesaid ejectment proceedings, the respondents initiated proceedings for eviction of the petitioners under the Act. The petitioners were found to be bound by the agreement executed while handing over the possession to the petitioners by the learned Collector. The Collector passed an order of eviction and also of recovery of rent @ twice the agreed rent from 1.10.2001 to 16.8.2004 i.e. for 34.5 months.;