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Judgment
A.S. Bains, J.—Petitioner No. 1 was in unauthorised occupation of a plot measuring 25 ft. x 20 ft. (i.e. about 1 1/4 Marlas) situate in village Moga Mehla Singh District Faridkot within the limits of Municipal Committee Moga where he has installed a Chaff Cutter/Machine. Respondent, No. 3, the Block Samiti moved respondent No. 2, the Sub Divisional Officer (Civil) for the eviction of the petitioner from the plot in question and also for passing of a decree for recovery of Rs. 15000/- as rent or damages for use and occupation of the plot in question., That application was allowed by the Sub-Divisional Officer (Civil); respondent No. 2. Appeal against the order of respondent No. 2 was also dismissed, by the Commissioner, respondent No. 4, vide its order dated, 25th February, 1974 (Annexure P-2). The impugned orders are challenged by way of this writ petition.
Reply has been filed on behalf of the Block Samiti.
Mr. H.L. Sarin, Learned Counsel for the petitioners canvassed that the time barred claim cannot be allowed under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 and that respondent No. 3 had no authority in law to move for the eviction.
There is no merit in the contention of Mr. Sarin so far as the authority of respondent No. 3 to move for the eviction of the petitioner is concerned, there is a resolution No. 3 dated February 7, 1968 by the Panchayat Samiti, Moga, placed on the record, by which the Executive Officer/Chairman of the Samiti was authorised to obtain removal of illegal possession of people over the Samiti land and for taking necessary proceedings. This resolution is Annexure R. 3/2. So far as the time-barred claim is concerned the matter is coffered by The The State of U.P. and Another Vs. Shri Anand Swarup, , wherein it has been observed as follows:--
If the requisite conditions that the liability to pay arrears of rent is outstanding on the date of the issue of demand, that the claim is not time-barred and that the rent due is on account of occupation of Government premises, the arrears of rent and damages for unauthorised occupation can be recovered under Ss. 4, 6 and 12 even though the letting of the premises has been done prior to the commencement of the Act.
The Supreme Court authority is under the U.P. Government Premises (Rent Recovery and Eviction) Act, which is substantially the same as the Punjab Act. Accordingly, it is directed that the recovery from the petitioners shall be effected in accordance with the principle of law laid down in the aforesaid Supreme Court authority.
Lastly, it was urged by Mr. Sarin that petitioner No. 2 was not liable. This is a question of fact which cannot be gone into at this stage. As per the Commissioner''s order, both the petitioners were in occupation of the plot in dispute in collusion with each other.
No other point is urged.
Accordingly, this petition is partly allowed as indicated above. No costs.