Punjab State vs Amarjit Singh

Mahesh Grover, J.—It''s a disturbing state of affairs to say the least.

The State of Punjab apparently seems to have developed a penchant for indulging in undesirable activities of depriving the private citizens of the benefits of their properties in a manner which is only known to a mafia. This is the 3rd or 4th petition with almost similar facts of subrogation of possession by State in favour of some other department to deny tenancy created originally in its favour. The facts of the case may be noticed in brief.

The respondent-landlord inducted Subordinate Services Selection Board, Punjab (hereinafter referred to as the ''Selection Board'') as a tenant in the demised premises. Since no rent was paid, it led to the filing of the eviction petition u/s 13 of the Rent Act against the tenant i.e. Selection Board and this entity was impleaded as a party through its Secretary. It may be noticed that although the first and second floor of the demised premises described as SCO no. 156-160, Sector 8-C, Madhya Marg, Chandigarh was let out to the Selection Board. It vacated the first floor on 30.9.2002 but the same was re-let to it on 16.2.2004. The second floor was also vacated by them on 31.7.2008 but then they retained the possession of the first floor.

Rent amounting to Rs. 71,992/- w.e.f. 1.3.2011 till the date of filing of petition was ground for seeking eviction of the petitioner.

The petitioner as a respondent before the Rent Controller took up the plea that they have vacated first floor which was now earmarked to Gurdwara Election Commission, vide endorsement no. 1/3/2009-1 Personal Officer-2/1090-91 dated 6.10.2010. In reply to the petition it was also stated that the civil suit for permanent injunction had been filed by the respondents in March, 2011 where the Civil Court has granted stay in their favour which was vacated on 17.2.2012. A plea that the premises are in possession of Gurdwara Election Commission indicated that the Selection Board had abdicated its responsibility to make the payment of rent fixing it entirely on the Gurdwara Election Commission.

Plea was also taken that on account of non-availability of the budget the rent could not be paid. Implicit in this stand of the petitioners is the admission that rent has not been paid.

Learned Rent Controller vide its order dated 17.8.2012 made a provisional assessment of the rent directing the petitioner to deposit the same from 1.3.2011 alongwith interest at the rate of 6% per annum and with costs assessed at Rs. 1,000/-. The matter was adjourned to 17.9.2012.

Gurdwara Election Commission then moved two applications for paying the rent accompanied by 9 cheques but subsequent to the prescribed date of 17.9.2012.

This led to the order of eviction being passed by the Rent Controller which was appealed against and met the same fate and which is now the cause of grievance to the petitioner.

The question whether tender of rent was valid or not is the question that is to be determined considering the fact that the Selection Board is the tenant under the respondent-landlord and not the Gurdwara Election Commission. It is on record that the premises were handed over to the Gurdwara Election Commission under the orders of the Chief Secretary to Govt. of Punjab. According to the petitioner the following amounts were deposited:-

Further the petitioner asserted that only an amount of Rs. 12,73,824/- was to be paid.

This fact is controverted by the respondent who states that on 19.7.2012 an application was moved by the present petitioners to deposit the rent, the calculation of which are as below and similar two other applications dated 16.8.2012 and 17.9.2012 were moved according to which calculations are as under:-

The State of Punjab deposited an amount of Rs. 8,98,663/- while the remaining amount was paid by the Gurdwara Election Commission. The courts concluded that the rent deposited before the Court was short and thus ordered the eviction.

The Court has examined the issue in entirety and apart from the issue of provisional assessment of rent, the fact that would invite serious attention of the Court is really the irksome stand taken by the respondent-State of Punjab regarding the delivery of possession to the Gurdwara Election Commission which moved an application for being impleaded as party respondent to the eviction proceedings on the date when condition of provisional tender of rent was to be complied with. This indicates that the State of Punjab was now intending to abdicate its responsibility towards the respondent-landlord regarding the demised premises and passing on the burden to the Gurdwara Election Commission. The State of Punjab has also tendered more than Rs. 8 lacs as rent but washed off its responsibility regarding the remaining amount as claimed by the respondent-landlord. Implicit in this is the dishonest stand of the petitioners who wish to confuse the entire issue of the actual tenancy.

Once the lease deed has been executed by the State of Punjab, it had no business to subrogate the premises in favour of any other agency without the consent of the landlord and even if it did it should have chosen to shoulder the responsibility by discharging the obligation of a tenant. Even though speaking puritanically this would be a case of subletting but the Court is concerned with the seriousness of issue where the State and its agencies weave such a web in a completely dishonest manner to deprive a private citizen of the benefits of his property and thrust him into throes of prolonged and unwarranted litigation. This is evident from the fact, when the petitioner impleaded Selection Board as party respondent, it was confronted with an objection that it was the Gurdwara Election Commission which was in occupation and thus it needs to be impleaded as a party to the proceedings. Such state of affairs has to be condemned and deplored.

On 16.7.2014 learned counsel appearing for the petitioner placed on record a copy of the letter written by the office of Chief Secretary to the Govt. of Punjab to Commissioner, Gurdwara Election Commission which indicated that a decision had been taken to arrange a building for Gurdwara Election Commission and to vacate the demised premises on or before 30.10.2014. Learned counsel has also stated that the State of Punjab would continue to make the payment of rent.

This Court noticed the contention of the learned counsel for the petitioner who on instructions from Sh. A.S. Narula, Secretary to Gurdwara Election Commission and Ramesh Kumar Verma, Under Secretary to the State of Punjab states unequivocally that the physical vacant possession of the demised premises shall be handed over to the respondent by 30.10.2014 and that mesne profits would also be paid during the subsistence of this period and arrears if any be also cleared appropriately.

The matter was adjourned to 30.7.2014 to enable the petitioners to come forward with the names of authorized persons who would be competent to give undertaking in this regard i.e. vacating the premises on or before the date stipulated in the letter of the Chief Secretary (30.10.2014).

Today when the matter was taken up the Court noticed that no person with an authority to furnish the undertaking had come present and rather an attempt was again made to revert back to evasiveness which was so evident all through the proceedings. Obviously the Court cannot accept the terms of the letter written by the Chief Secretary to pass appropriate orders with regard to the vacation of the premises as it has to be fortified by an undertaking to safeguard the interest of the respondent-landlord as also to ensure accountability in the event of non-compliance. Mr. Talwar has nothing to offer in this regard. The Court, therefore, feels that it would be imperative to seek the presence of the Chief Secretary to Govt. of Punjab who shall remain present in Court on 1.8.2014 at 10:00 A.M.

Sh. Talwar then sought time till 2:00 P.M. and at this stage, pursuant to the orders dated 16.7.2014 an undertaking has been furnished by Sh. Manjeet Singh Narang, Special Secretary to Govt. of Punjab, Department of General Administration, Chandigarh binding the State of Punjab/Gurdwara Election Commission Chandigarh to vacate the demised premises on or before 30.10.2014 and to hand over the physical, vacant possession thereof to the respondent-landlord. It has also been stated by way of affidavit that the Gurdwara Election Commission would continue to pay the mesne profits as determined and to clear all the arrears, if any.

In view of the aforesaid undertaking which has been taken on record, instant petition needs to be disposed of in terms of the above stated stand of the petitioner-State of Punjab. The petition is, thus, disposed of, leaving the petitioner committed to his undertaking, the terms of which have been referred therein and also with the direction to comply with the following conditions:-

That the petitioner shall hand over physical vacant possession of the premises to the respondent on or before 30.10.2014.

That petitioner shall pay all arrears of rent and water and electricity charges etc. upto date to the respondent within a period of three weeks from today.

That petitioner shall continue to make payment of rent at the agreed rate by the 7th of each month till the physical vacant possession of the demised premises is handed over to the respondent.

That petitioner shall not commit any default in payment of arrears of rent or the monthly rent and that even a single default will disentitle him to the benefit of this order.

That if the arrears of rent or the monthly rent is not paid as aforesaid, the landlord shall forthwith be entitled to get the eviction order executed.

That the physical vacant possession of the demised premises shall be handed over to the landlord in the condition as it exists today.

That if petitioner makes an attempt to deviate from the undertaking, the landlord shall be entitled to apprise the Rent Controller, who shall proceed to get the demised premises vacated and to hand over the physical vacant possession thereof to him by granting police assistance at the first instance itself.

The arrears of mesne profits, if any, shall be cleared by the petitioner within a period of three weeks from today by tendering this amount before the learned Rent Controller. Liberty is also granted to the petitioner to submit a draft to the respondent through registered cover. In so far as amount deposited by the petitioner during the course of rent proceedings is concerned the respondent shall be at liberty to withdraw the same without any hindrance.