IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2617 of 2009 Date of decision: February 18, 2009. Manish Kumar Singla ...Petitioner(s) v. Deputy Commissioner, Sangrur & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Manish Kumar Singla, Advocate for the petitioner. ORDER Surya Kant, J. - (Oral): The petitioner is aggrieved at the orders dated 21.2.2006 and 5.6.2008 (Annexure P-4 and P-7), whereby he has been held to be a tenant under the respondent No.3 – Nagar Council, Sunam in respect of the shop in dispute and instead of his eviction, the Appellate Authority has allowed him to continue as a tenant at the enhanced rent of Rs.750/- per month. The record reveals that the petitioner took all possible pleas to defeat the claim of the Nagar Council, including denial of its title qua the disputed shop. However, it is apparent from the impugned order that Paramjit Singh Handa (PW1), produced by the Nagar Council, has produced the Govt. Notification no.3848 dated 10.5.1976 (Ex.P2) whereby ownership of the land in question stood transferred to the Nagar Council and mutation has also been sanctioned in its favour. Not only this, the petitioner's own counsel made a statement before the Collector that if the land is found within the lal lakir, namely, within municipal limits, in that event he will have no objection against passing of the eviction order. The Collector accepted the afore-stated stand and deputed the Field Kanungo to carry out the demarcation in the presence of the petitioner's counsel. After demarcation, which was held twice, it has been found that the subject premises falls within the municipal limits and is owned by the Nagar Council. The Appellate Authority, however, has taken a lenient view and instead of ordering the petitioner's eviction, has retained him as a tenant on payment of the enhanced rent of Rs.750/- per month with effect from 1.4.2008. No interference by this Court in the above mentioned finding of fact is called for. Dismissed. February 18, 2009. [ Surya Kant ] kadyan Judge