As per case facts, petitioners claimed tenancy via crop sharing. Landowners sought their ejectment under the 1953 Act for non-payment of rent. The Assistant Collector directed the petitioners to deposit ...
CWP-18366-2025 (O/M) -1- 2025:PHHC:093402
142
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-18366-2025 (O/M)
Date of decision : 22.07.2025
Surajmal and others ...... Petitioners
Versus
Commissioner, Rohtak Division, Rohtak and others ...... Respondents
CORAM : HON'BLE MR. JUSTICE HARSH BUNGER
Present :- Mr. Sushil Sheoran, Advocate
for the petitioners.
Ms. Upasana Dhawan, AAG Haryana.
-.- -.-
HARSH BUNGER, J. (ORAL)
1. Prayer in the instant civil writ petition filed under
Articles 226/227 of Constitution of India, inter alia, is for issuance of a
writ in the nature of certiorari for setting aside the order dated 17.09.2024
(Annexure P-5), passed by Commissioner, Rohtak Division, Rohtak (in
short 'Divisional Commissioner'), whereby the petitioners have been
evicted from the land in question.
2. Briefly, petitioners claim to be tenants on land measuring 16
Kanal – 0 Marla, comprised in Khasra No. 12//9, 12, situated in village
Sumda Khera, District Bhiwani, on the basis of 1/3
rd
crop sharing (batai).
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Concededly, the aforesaid land in question is in the ownership of
respondents No. 4 to 10 herein.
2.1 Respondents No. 4 to 10 herein filed an application under
Section 14-A (i) of the Punjab Security of Land Tenures Act, 1953 (in
short '1953 Act'), claiming 1/3
rd
crop sharing (batai) for crops Kharif 2011
upto Rabi 2014, which was calculated as Rs. 46,170/-. The aforesaid
application was filed in Form 'L' (Annexure P-1) under 1953 Act, wherein
the ejectment was sought on the following grounds :-
“1. The tenant has failed to pay rent regularly
without sufficient cause. Details of non-
compliance of section 9(1) of the Act.
2. Any rent was due towards tenant at the initial
stage of 1953 Act.
3. That land which is situated in the area, the
tenant had not used the same as per the locality.
4. Whether the tenant is using the land as per his
own cultivation and the land is not used as per
his cultivation and using the same. Specific
note with detail be given.
5. On the application given by me before the
Assistant Collector to fill-up the (Agreement)
Kabuliyat for lease but despite his summoning
the tenant refused to execute the (Agreement)
Kabuliyat for lease. Specific note with detail.”
2.2 In the aforesaid application filed by respondents No. 4 to 10
herein, the petitioners were summoned and they submitted their reply. It
is noticeable that copy of reply filed on behalf of petitioners is not
attached with the instant writ petition.
2.3 It transpires that learned Assistant Collector 1
st
Grade,
Bhiwani (in short 'Assistant Collector'), vide order dated 21.09.2021
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(Annexure P-2), had directed the petitioners herein to deposit a sum of
Rs. 46,170/- (as claimed by respondents No. 4 to 10 herein-land owners);
however, without interest, within 30 days.
2.4 The petitioners herein are stated to have paid the said amount
of Rs. 46,170/- on 14.10.2021.
2.5 Feeling aggrieved against the order dated 21.09.2021
(Annexure P-2), passed by Assistant Collector concerned, respondents
No. 4 to 10 herein preferred an appeal before Collector, Bhiwani (in short
'Collector'), however, same was dismissed, vide order dated 12.10.2023
(Annexure P-4).
2.6 Still aggrieved, respondents No. 4 to 10 herein preferred a
revision petition under Section 24 of 1953 Act, which came to be allowed
by learned Divisional Commissioner, vide order dated 17.09.2024
(Annexure P-5) and the petitioners were ordered to be evicted by holding
that the petitioners had failed to pay the rent regularly without any
sufficient cause.
3. In the aforementioned circumstances, the petitioners have
filed the instant civil writ petition before this Court, for the relief(s), as
noticed hereinabove.
4. Learned counsel for petitioners submitted that the petitioners
herein had been paying the rent regularly and though the amount claimed
by respondents No.4 to 10 was arbitrary and not due, even then the
claimed amount of Rs.46,170/- has been duly paid by petitioners herein,
as directed vide order dated 21.09.2021 (Annexure P-2), passed by
Assistant Collector concerned, while exercising his powers under proviso
to Section 14-A (i) of 1953 Act; therefore, they cannot be evicted.
CWP-18366-2025 (O/M) -4- 2025:PHHC:093402
Reliance is placed upon Kesar Singh v. Financial Commissioner,
Haryana, 2014(4) RCR (Civil) 718; Yaga Ram v. Financial
Commissioner and Principal Secretary, 2010(59) RCR (Civil) 213 and
Smt. Shanti Devi v. Amar Singh, 2008(1) RCR (Civil) 476. With the
aforementioned submissions, it is prayed that impugned order dated
17.09.2024 (Annexure P-5), passed by learned Divisional Commissioner,
be set aside.
5. Heard.
6. Here it would be apposite to refer to Section 9(ii) and
Section 14-A (i) of the 1953 Act (as applicable to Haryana), which read as
under:-
"Liability of tenant to be ejected.- (1) Notwithstanding in any
other law for the time being in force, no land-owner other
than a land owner who is a member of the Armed Forces of
the Union or a non-resident Indian, shall be competent to
eject a tenant except when such tenant-
(i) xxx xxx xxx xxx
(ii) fails to pay rent regularly without sufficient cause;"
14-A. Procedure for ejectment and recovery of arrears of
rents etc.- Notwithstanding anything to the contrary
contained in any other law for the time being in force, and
subject to the provisions of section 9-A.-
(i) a land owner desiring to eject a tenant under this Act
shall apply in writing to the Assistant Collector First Grade,
having jurisdiction, who shall thereafter proceed as provided
for in sub-section (2) of section 10 of this Act, and the
provisions of sub-section (3) of the said section shall also
apply in relation to such application, provided that the
tenants rights to compensation, and acquisition of
occupancy rights, if any, under the Punjab Tenancy Act,
1887 ( XVI of 1887), shall not be affected;
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Provided that if the tenant makes payment of arrears of rent
and interest, to be calculated by the Assistant Collector, First
Grade, at eight percentum per annum on such arrears
together with such costs of the application, if any, as may be
allowed by the Assistant Collector, First Grade, either on the
day of first hearing or within fifteen days from the date of
such hearing, he shall not be ejected.”
6.1 In 'Maan Singh Versus Financial Commissioner (R)
Haryana', 2012 (68) RCR (Civil) 194; a Division Bench of this Court
held that the proviso to Section 14A(i) of the 1953 Act is meant to save
the genuine tenant from eviction in cases where rent has not been paid
inadvertently or due to reasons beyond his control and not for denying
rent to the landlord. The relevant extract of the findings read as under:-
“6. However, counsel for the appellant submitted
that proviso to Section 14A(i) of the Act provided that
an opportunity should be given to the erring tenant to
deposit the rent to save himself from eviction. The
proviso to Section 14A(i) of the Act was added by the
Amending Act No. 5 of 1991 which reads as under:-
"Provided that if the tenant makes payment
of arrears and interest to be calculated by
the Assistant Collector Grade First Grade at
eight per centum per annum on such arrears
together with such costs of the application, if
any, as may be allowed by Assistant
Collector 1st Grade, either on the day first
hearing or within 15 days from the date of
such hearing, he shall not be evicted."
7. A perusal of the said proviso would go on to
show, which was inserted in the year 1991, that the
Assistant Collector would grant this benefit only if
the tenant made the payment of arrears and
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interest @ 8% per annum alongwith costs on the first
day of hearing or within 15 days from the date of
such hearing and would not be evicted. The said
proviso is firstly meant to save the genuine tenant
from eviction in cases where rent has not been paid
inadvertently or due to reasons beyond his control
and not for denying rent to the landlord.
8. In the present case, the tenant had taken a
false defence that the rent had been paid and reliance
had been placed on the receipts which were found to
be forged by the revenue authorities since the stamps
pasted were of the subsequent years. Once the tenant
had taken such a risk, he could not, now, turn around
and take the plea that he had sufficient cause for not
making the deposit at the first date of hearing…”
7. Coming to the case in hand, respondents No. 4 to 10 herein
sought eviction of petitioners herein by filing an application in Form 'L'
(Annexure P-1), inter alia, on the plea that the petitioners herein had
failed to pay the rent regularly without sufficient cause. In the aforesaid
application, following averments were made in paras 6 and 7 :-
“6. That the total produce from the disputed crops
according to the Naksha Jhaad (Produce Statement)
amount Rs. 1,38,512 out of which the owners on-
third share comes to Rs. 46,170 which the applicants
are legally entitled to receive.
7. That the respondent has failed to pay the
amount of Rs. 46,170/- being the one-third share of
the applicants, despite repeated demands and is
legally bound to pay the same.”
7.1 Although, the petitioners herein have not attached copy of
reply filed on their behalf to ejectment petition, however, it is conceded
by learned counsel for petitioners that petitioners did not dispute the
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amount as claimed by respondents No. 4 to 10 in paras 6 and 7, as
extracted above.
7.2 Evidently, the Assistant Collector concerned, vide order
dated 21.09.2021 (Annexure P-2), directed the petitioners herein to
deposit the amount of Rs. 46,170/- (as claimed by the land owners);
however, without interest, within 30 days, by observing as under :-
“ I have heard the arguments of the learned
counsel for both parties and carefully examined the
documents on record. Upon examination of the
record and after hearing counsel for both the
parties, it has been found that the application filed
by the applicants on 12.12.2014 the total land
measuring 16 Kanal 0 Marla as per Khasra
Girdawari records, Khasra no. 12//9 and 12, the
following are the owners namely Satpal, Jagat
Narayan and Deen Dayal, sons of Sh. Uttam Chand
son of Sh. ChandraBhan each having 3/4
th
share,
Smt. Chandrakala widow and Risha daughter, Nitish
Kumar, Tikshu Kumar sons of Purushottam Das son
of Uttam Chand collectively having 1/4
th
share
residents of Bawani Khera, cultivators Ram Singh,
Mahabir and Swaroop sons of Heera son of Hans
Ram each holding one-third Gair Marusi tenant in
equal share as per Jamabandi for the year 2018-19
and Gair Marusi Naksha Jhar Paidawar
dated 05.12.2014. The respondents cultivated the
disputed land from Kharif 2011 to Rabi 2014 as Gair
Marusi tenants under the applicants/landowners.
Therefore, the respondents are hereby directed to
deposit a sum of Rs. 46,170/- without interest,
within 30 days.
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Order pronounced in open court today,
on 21.09.2021.”
7.3 The aforesaid order dated 21.09.2021 (Annexure P-2) was
affirmed by appellate authority. It is thus apparent from the order
dated 21.09.2021 (Annexure P-2), passed by Assistant Collector
concerned that the petitioners herein had not paid the due rent for the
crops Kharif 2011 upto Rabi 2014, therefore, their (petitioners')
contention that they had been paying rent regularly stands falsified.
7.4 The submission raised on behalf of petitioners herein that the
assessment of rent made by the land owners was arbitrary; is also found
to be without any merit, in view of stand taken by learned counsel for
petitioners herein that the amount claimed by the land owners in paras 6
and 7 (as extracted above) i.e. Rs. 46,170/-, was never disputed by the
petitioners.
7.5 As regards the contention of the petitioners herein that they
had duly paid amount of Rs. 46,170/- without interest within 30 days, as
directed by Assistant Collector concerned, vide order dated 21.09.2021
(Annexure P-2), while exercising his powers under proviso to
Section 14-A (i) of 1953 Act, suffice it to say that Assistant Collector
concerned had wrongly exercised his powers in the peculiar facts and
circumstances of this case and I say so for the reason that the law as
regards eviction in Form 'L' under 1953 Act is well settled by a Full
Bench of this Court in the case of 'Gurmej Singh Versus Financial
Commissioner', 1980 PLJ 603; wherein Hon'ble Full Bench of this Court
was dealing with a writ petition against an order passed by the Financial
Commissioner holding that the order of ejectment could not be passed
CWP-18366-2025 (O/M) -9- 2025:PHHC:093402
without affording fresh opportunity to the tenants to make the payment of
arrears of rent, as the entire rent demanded by the landlord was not due
though arrears of rent for some harvests were payable. The legality of the
order passed by Financial Commissioner was challenged, inter-alia, on
the following ground(s):-
(i) that if in pursuance of a notice under Form 'N'
as prescribed in pursuance of an application under
Section 14-A(ii) of the 1953 Act, by the landlord,
arrears of rent are not paid by the tenants within one
month from the date of the notice, the order of
ejectment has to be passed by the Assistant Collector,
who has no jurisdiction to give further opportunity
for deposit of the arrears of rent. It was also urged
that not only the Assistant Collector, Revenue,
concerned even the higher authorities in appeal or
revision have no jurisdiction to extend the statutory
period as prescribed for payment of arrears of rent.
(ii) that in case the demand of the landlord
regarding the arrears of rent is objected to by the
tenant as being excessive, it is the duty of the tenant
to pay be part of the arrears of rent which may be
admitted by him to the due and it is not open to him
to withhold the payment even a part of rent so
admitted only on the ground of excess demand
having been made by the landlord.
(iii) that any payment by the tenant after the expiry
of the statutory period as prescribed in the notice
cannot save the tenant from ejectment.
7.6 Hon'ble Full Bench of this Court in Gurmej Singh's case
(supra), held as under:-
“27. The upshot of the above discussion is that the
effect of the combined reading of section 14-A(ii) of
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the Act, Rule 22 of the Form 'N' prescribed therein is
that the period of one month as prescribed in the said
notice of demand as issued by the Assistant
Collector, II Grade, during which the arrears of rent
can be paid by the tenant, is statutory and no
jurisdiction is vested in the Assistant Collector, II
Grade, before whom the application for demand is
made in the first instance, the appellate Authority, or
the Revising Authority, as the case may be, to extend
this statutory period under any circumstances,
whether objection raised by the tenant in reply to the
demand notice relates to the non-liability to pay the
arrears in whole or in part. In view of this
conclusion, there is no escape from holding that the
decision in Balwant Singh's case (supra) that in case
the demand of the landlord in the notice of demand
was challenged by the tenant as being excessive, it
was not obligatory on the tenant to make the
payment of even a part of the demand about which he
did not raise any dispute and that the Assistant
Collector, II Grade has to grant a fresh opportunity
to make payment after the final decision regarding
the objection of the tenant, was not correct and is set
aside. Similarly, in the ratio of decision in Smt. Sham
Kaur's case (supra) correct law was not laid down in
holding, though indirectly, that the Assistant
Collector, II Grade, had jurisdiction to extend time
for payment of arrears of rent by the tenant though
the period as prescribed in the notice of demand
under Form 'N' has already expired.
28. In view of the above conclusion regarding
the scope and ambit of section 14-A(ii) of the Act, it
is held that the order of eviction by the Collector,
dated 15th February, 1971 (Annexure F) without
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providing any fresh opportunity to the tenant to make
payment of the arrears of rent as found due did not
suffer from any infirmity…”
7.7 At the cost of repetition, in 'Maan Singh Versus Financial
Commissioner (R) Haryana', 2012 (68) RCR (Civil) 194; a Division
Bench of this Court held that the proviso to Section 14A(i) of the 1953
Act is meant to save the genuine tenant from eviction in cases where rent
has not been paid inadvertently or due to reasons beyond his control and
not for denying rent to the landlord.
8. In this case, the petitioners herein had not disputed the
amount of Rs.46,170/- claimed by the land owners (respondents No. 4 to
10 herein) and neither any evidence has been placed on record by the
petitioners herein to show that they had been regularly paying the rent.
Rather, the Assistant Collector concerned had not returned any finding
that the petitioners herein were prevented from paying due rent for any
justifiable reason. Furthermore, even if the Assistant Collector concerned
was to exercise his powers under the proviso to Section 14-A (i) of 1953
Act (as added in the 1953 Act for State of Haryana in the year 1991), in
that eventuality, the tenants were required to pay arrears alongwith
interest to be calculated by Assistant Collector concerned at the rate of
8% per annum on such arrears together with costs of application. Not
only that, the calculated amount was to be paid either on the first hearing
or within 15 days from the date of such hearing; so as to avoid eviction.
9. Furthermore, the Assistant Collector concerned had passed
the final order on 21.09.2021 (Annexure P-2) in a very casual fashion by
asking the petitioners herein to deposit a sum of Rs. 46,170/- (as claimed
by the land owners) and that too without interest and that also to be paid
CWP-18366-2025 (O/M) -12- 2025:PHHC:093402
within 30 days. The said direction issued by Assistant Collector
concerned, vide order dated 21.09.2021 (Annexure P-2), is itself contrary
to proviso to Section 14-A (i) of 1953 Act. Order dated 21.09.2021
(Annexure P-2), passed by Assistant Collector was wrongly upheld by
learned Collector, Bhiwani, however, on a revision petition being filed by
the land owners, learned Divisional Commissioner has set aside the
orders dated 21.09.2021 and 12.10.2023 (Annexure P-2 and Annexure P-
4, respectively), passed by the Assistant Collector as well as learned
Collector and allowed the ejectment petition, filed by the land owners
(respondents No. 4 to 10 herein), by holding as under :-
“ I have firstly conducted an analytical
examination of the points raised in the revision petition
as well as the orders passed by the lower court and
appellate court. In addition, I have examined the
records submitted in the case file. After considering the
statements and submissions made by the learned
counsels of both parties during their arguments, I came
to the conclusion that the respondents without any
sufficient cause failed to pay the rent regularly and the
payment for the rent of Kharif 2011 to Rabi 2014 was
only made on 14.10.2021. Hence, the respondents are
ordered to be evicted from the disputed land. Besides
this the lower court had passed an order allowing the
payment of the due amount without interest whereas
under Section 14-A(i) of the Punjab Security of Land
Tenures Act the petitioners are also entitled to interest
at the rate of 8% per annum on the outstanding amount.
Therefore, the respondents are directed to ensure
payment of interest on the outstanding amount at the
rate of 8% per annum from the due date till the date of
actual payment within 30 days.
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Accordingly, the present revision petition is found to
be logical, and based on sound grounds is accepted and
the order dated 12.10.2023 passed by Collector, and the
order dated 21.9.2021 passed by the Sub-Divisional
Officer (Civil) and Assistant Collector, First
Grade,Bhiwani are found to be weak, illogical, baseless
and are therefore set aside.”
10. As regards the judgments referred by the learned counsel for
the petitioners, it is noticeable that in Kesar Singh v. Financial
Commissioner, Haryana, 2014(4) RCR (Civil) 718, the facts of that case
were extracted in para 3 of the judgment, which reads thus:-
3. The factual aspect is necessary to be adverted to in the
present case in view of the submission made by counsel for
the appellant that he had offered to pay the rent but the
landlord had refused to accept the same. Perusal of the
written statement filed in the ejectment application for land
measuring 20 kanals 8 marlas situated in village Sambli,
Tehsil Nissing, District Karnal on the ground of non-
payment of rent would show that a plea was taken by the
appellant that the application was not maintainable and he
had already paid the rent of L 100/- per acre and the
ejectment on the ground that the rate of rent was L 6000/-
per acre was not correct. The Assistant Collector Ist Grade,
on 09.11.2011, came to the conclusion that the appellant was
a tenant in the land in question as per the revenue record
and there was no mention of rent and the onus was upon him
to prove the fact regarding the rate of rent by producing the
receipts of Batai. Accordingly, it was held that the amount
demanded was legally proper @ L 6000/- per acre. Since
nothing had been paid since Rabi 1993, the ejectment was
ordered.
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10.1 After considering the matter, the Division Bench of this court
observed that there was a dispute regarding rate of rent and in those
circumstances, held as under:-
“10. Thus, from the above proviso which was introduced by
the Haryana Act of 1991, it would be clear that it was the
duty of the Assistant Collector Ist Grade to direct the
appellant to deposit the arrears of the rent and interest
which were to be calculated by the said Court @ 8%. The
appellant had offered to deposit the same but, as noticed
above, on 15.12.1995, respondent's no. 5 counsel had
refused to accept the same on the ground that it is less since
it was offered @ L 100/- per acre, as per the stand of the
appellant-tenant. For this non-deposit, the appellant could
not be faulted due to the fact that the landlord had refused to
accept the same. That the liability of the tenant to be ejected
under Section 9(ii) of the Act was noticed by the Apex Court
in Raj Kanta v. Financial Commissioner, Punjab, 1980 (3)
SCC 589. It was held that failure to pay rent regularly
should be without sufficient cause.
11. In the present case, as it has been noticed, there was a
dispute regarding the rate of rent inter se the parties. The
appellant was ready to pay the amount @ L 100/- and
deposit the same but the landlord-respondent's no. 5 counsel
was refusing to accept the rent at that rate and was only
willing to accept it at L 6,000/-. This huge variation to claim
rent led to the non-deposit and, therefore, a finding that the
appellant was not willing to deposit and had denied the
liability to pay the rent, in the said circumstances, would not
be correct. A Division Bench of this Court, in Smt. Shanti
Devi and another v. Amar Singh and others, 2008 (1) PLR
503, while examining Section 9(1)(ii) and Section 14-A(i) of
the Act, held that the said proviso would cast a duty upon the
Assistant Collector to calculate the amount of rent so as to
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enable the tenant to satisfy the petition of the landlord,
especially where the tenant disputed the claim on the ground
that it was an exaggerated amount, which has been
claimed…”
10.2 Thus, with all humility, the judgment in case of Kesar
Singh(supra) is distinguishable on facts and would not apply to the facts
of this case.
11. Further, the judgment in case of Yaga Ram v. Financial
Commissioner and Principal Secretary, 2010(59) RCR (Civil) 213; was
passed while considering judgment passed by learned single judge of this
court in Amar Singh and others v. F.C., Haryana and others, 2006(3)
RCR (Civil) 245; although the said judgment in Amar Singh’s case
(supra) had already been set aside in Letters Patent Appeal (LPA) arising
out of the said case in Smt. Shanti Devi v. Amar Singh, 2008(1) RCR
(Civil) 476, by observing as under:-
“An analysis of the above reproduced provisions shows that
the proviso to Section 14-A(i) casts a duty upon the Assistant
Collector to calculate the amount of rent so as to enable the
tenant to satisfy the petition of the landlord. This situation
would arise if the tenant disputes the claim of the landlord
by pleading, exaggerated rent or by saying that he had
already paid the amount to the landlord. But, if he, by his
conduct, does not even choose to controvert the factual
aspect of the landlord's petition and rather chooses to
frustrate it by not even filing a reply, then it amounts to
subtle acquiescence.
11. In the instant case, the private respondents, who had the
opportunity to respond to the application for eviction
preferred by the appellants in which the amount of rent due
was specified, chose not to come forward despite the fact
that as many as sixteen adjournments were granted to them
CWP-18366-2025 (O/M) -16- 2025:PHHC:093402
to file their written statement forcing the AC 1st Grade to
strike off their defence.
12. Once an application seeking ejectment of the tenant on
the ground of non-payment of rent is filed with a specific
averment detailing the amount due which had not been paid,
it becomes the duty of the tenant to controvert the same in
case the situation so warrants and state their case
unambiguously, but the private respondents, who were the
tenants, chose complete silence at least before the AC 1st
Grade whose Court was the Court of first instance
indicating their acquiescence.
13. Subsequently, in appeal, their stand was vacillating as,
initially, they pleaded that they had paid the amount in
question, but then chose to say that they could not pay the
rent as they were not having the knowledge about the
residential address of the appellants and finally, they
admitted their mistake and pleaded that they will pay the
entire amount if an opportunity is given to them. Even
thereafter, they did not make the payment of rent and rather,
they satisfied the claim of the appellants partially and that
too in response to the recovery proceedings initiated at the
behest of the appellants in the suits for recovery. Even after
the Collector had observed in favour of the private
respondents, they made no attempt to get the amount
determined if they were dis-satisfied with the claim set up by
the appellants and rather, they chose a covert and circuitous
route through litigation to evade the payment of rent.
14. The protection of law and the benefit thereof can only be
given to the persons, who satisfy the equitable conscience of
the Court. The provisions of law cannot be interpreted in a
manner so as to delete justiciable content of a provision to
reward a person, who has flouted it willfully.
15. We are constrained to observe that the conduct of the
private respondents in not making good the payment of rent
CWP-18366-2025 (O/M) -17- 2025:PHHC:093402
to the appellants despite several opportunities and
knowledge of the same does not, in any way, entitle them to
any relief under the law. It is the bounden duty of a tenant to
comply with the terms of the tenancy and the benefit of the
statute can be afforded to him only if his conduct does not
violate the same. Once the AC 1st Grade had found that the
private respondents were liable to pay the amount, the same
should have been made good and even if it was not done, the
rent should have been paid after passing of the order by the
Collector, but they, instead of making attempt to pay the
entire amount of rent, chose means to frustrate the rights of
the appellants.
16. The plea of the private respondents that they had
satisfied the demand of rent substantially is also without any
substance. The appellants had availed themselves of the
proceedings under the Act to seek eviction of the private
respondents, which were frustrated. Subsequent payment of
rent was pursuant to recovery proceedings in the suits filed
by the appellants, whose right to recover the arrears of rent
cannot be clouded by their right to seek the eviction of an
errant and abusive tenant, who knows how to enjoy the
property, but knows not his duty to pay for it.
17. The right of a landlord to seek eviction of a tenant under
the statute is completely independent of his right to seek
recovery of arrears of rent and satisfaction of the recovery
proceedings would not diminish or dilute his right to seek
eviction of a stubborn, reluctant and an irresponsible
tenant…”
12. No other point has been raised.
13. In view of the above and after considering the totality of
circumstances, I find no compelling reason to interfere in the impugned
order. Resultantly, the instant civil writ petition fails and same is
accordingly dismissed.
CWP-18366-2025 (O/M) -18- 2025:PHHC:093402
14. Pending application (s), if any, shall also stand closed.
(HARSH BUNGER)
JUDGE
22.07.2025
sjks/Himani
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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