FAQUIRA Vs. KHEM CHAND

JUDGEMENT

(1.) Is the order of eviction passed against the respondent-tenant vitiated merely because the appellant-the landlord had initiated proceedings under the Punjab Tenancy Act, 1887 and not under the provisions of the Punjab Security of Land Tenures Act, 1953 This is the short question that arises for consideration in this Letter Patent Appeal. A few facts may be noticed.

(2.) The appellants instituted a suit for eviction in respect of land measuring 84 kanals 1 marla against Khem Chand and his brother Sham Charan. The complaint was two fold. Firstly, it was alleged that respohdent-Khem Chand had failed to pay rent for a period of six years. Secondly, it was claimed that land measuring 83 kanals 5 marlas had been sub let by Khem Chand to his brother Sham Charan. Since the allegations were denied, the Assistant Collector, Gurgaon had framed the following issues:-

(3.) After consideration of the evidence, it was held that Khem Chand was liable to be ejected on the ground of non-payment of rent. The application was allowed. Aggrieved by the order, the respondent filed an appeal which was dismissed by the Collector vide order dated August 21, 1987. It was held that the respondent was liable to be evicted not only on the ground of "non-payment of rent, but also on the ground of sub-letting." The challenge to the orders was rejected, by the Commissioner vide order dated November 20, 1981. The revision petition before the Financial Commissioner had also met with the same fate. It was dismissed vide order dated January 28, 1982. Copies of the orders have been produced as Annexures P1 to P4. Aggrieved by these orders, Khem Chand, the respondent-tenant filed a petition under Articles 226 of the Constitution.