In the High Court of Punjab and Haryana at Chandigarh C.W.P.No. 594 of 2008 Date of decision:January 16, 2008 Roop Chand ---Petitioner Vs. The Commissioner, Gurgaon and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN *** Present: Mr.Adarsh Jain, Advocate, for the petitioner. *** M.M.KUMAR, J. The petitioner has challenged order dated 14.8.2007(Annexure P-3) passed by the Collector, Ballabhgarh ordering his ejectment from the shop leased to him by respondent No. 3-Gram Panchayat. The ejectment has been ordered under the provisions of Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for brevity 'the Act'). A further prayer for quashing order dated 27.11.2007 (Annexure P-5) passed by the Commissioner upholding the order dated 14.8.2007 passed by the Collector, Ballabhgarh and consequently dismissing the appeal filed by the petitioner has also been made. Both the orders categorically record the finding that on 12.6.2005, the Gram panchayat-respondent No. 3 had leased out shop No. 10 to the petitioner for a period of two years on monthly rent of Rs. 1700/-. The period of two years was to expire on 31.3.2007. As per the conditions of lease, the petitioner was required to deposit 12 months' rent in advance on the date of auction. However, the aforesaid amount was deposited after 3 months and 18 days. The remaining amount of lease was to be deposited a month before the expiry of the lease period which was C.W.P.No. 594 of 2008 -2- deposited on 9.4.2007. As a consequence, the conditions of lease were violated and the petitioner was required to vacate the disputed shop on 31.3.2007. The suit filed by the petitioner seeking relief of continuing as tenant in the disputed shop has also been dismissed. The shop having not been vacated after the expiry of the lease period, the Gram Panchayat- respondent No. 3 invoked the provisions of Section 4 and 5 of the Act seeking the ejectment of the petitioner from the shop in dispute. It has also come on record that after the expiry of the lease period, the shop has been further leased at monthly rent of Rs. 4100/- and advance rent for 18 months has been received by the Gram Panchayat-respondent No. 3. However, the petitioner did not vacate the shop. We have heard learned counsel at considerable length and we find that the period of lease has expired on 31.3.2007 and the petitioner has committed fault in making the payment of rent. There was delay of three months and 18 days in depositing of the advance rent of 12 months from the date of the lease and also the remaining rent was to be paid by 31.3.2007. The order passed by the Collector, Ballabhgarh, and the Commissioner do not suffer from any error of jurisdiction or such an illegality which would warrant interference of this Court. All the findings have gone against the petitioner. There is, thus, no merit in the writ petition and the same is dismissed. (M.M.KUMAR) JUDGE (T.P.S.MANN) JUDGE January 16, 2008 paramjit