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Judgment
Rakesh Kumar Jain, J.—This order shall dispose of three civil revision petitions bearing CR Nos. 440, 1218 and 1436 of 2013. The facts are being extracted from CR No. 1218 of 2013.
The plaintiffs filed a suit for permanent injunction alleging that they have been inducted as a lessee in the property in dispute by the Gram Panchayat who is now trying to dispossess them. It is submitted that the plaintiff has also filed an application for temporary injunction which has been dismissed by the Courts below.
Learned counsel for the petitioners submits that the petitioners have been lawfully inducted as a lessee by way of lease deed by the Gram Panchayat for the period from 02.12.2002 to 02.12.2007 and since after the expiry of the lease deed, they are in continuous possession, therefore, their status over the property in dispute is of tenant holding over.
Learned counsel for the respondent, however, submitted that the petitioners are not inducted as tenant, but as lessee. As per Section 108(q) of the Transfer of Property Act, 1882, the duty of the lessee is to hand over vacant possession to the lessor after expiry of the lease deed. Besides, that, even if it is assumed that the Gram Panchayat is accepting the rent of the land in dispute, it cannot clothe the petitioners with the status of a tenant. In this regard, he has relied upon the judgment of Supreme Court in the case of Gram Panchayat, Vill Haripura Vs. The Commissioner, Ferozepur Division and Another,
I have heard both the learned counsel for the parties and examined the record. There is no error in the observations made by the Courts below on the application for temporary injunction of the petitioners because the petitioners have been given land in dispute for a fixed term of five years i.e. 02.12.2002 to 02.12.2007. Even if the Gram Panchayat is accepting the rent of the land in dispute, after expiry of the lease, it would not give status of the tenant to the petitioners.
In view of the aforesaid facts and circumstances, I do not find any error in the orders passed by the Courts below. As a result, the revision petitions being without merit are dismissed.