LPA No.500 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.500 of 2009 (O&M) Date of decision: 25.01.2010 Joginder Singh ............Appellant Versus State of Punjab and others ..........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Ms. Amandeep Soni, Advocate for the appellant. Mr. Jaswinder Singh, D.A.G, Punjab. ALOK SINGH, J. 1. By way of present LPA, order dated 18.3.2009 passed by learned Single Judge thereby dismissing the writ petition is being assailed. 2. In the writ petition, the main grievance of the writ petitioner/appellant is that writ petitioner cannot be evicted by the Gram Panchayat. Learned Single Judge has observed in the impugned judgment that writ petitioner/appellant paid lease amount for the year 1999-2000 and 2000-2001 at the rate of Rs.2000/- per acre per year to the Gram Panchayat. In view of the payment made by the writ petitioner to the Gram Panchayat for the lease, it cannot be said Gram Panchayat is not entitled to LPA No.500 of 2009 (O&M) -2- seek eviction of the writ petitioner. 3. We have heard learned Counsel for the parties and perused the record. 4. Learned Counsel for the appellant/petitioner vehemently argued that learned Single Judge has not decided question of title. As per the appellant/petitioner gram Panchayat is not the owner and has absolutely no right to eject the appellant/petitioner from the land in dispute. We are unable to accept the contention raised by the learned Counsel for the appellant/petitioner. It is admitted fact that appellant/petitioner took the land on lease from the Gram-Panchayat and paid the lease amount at the rate of Rs.2000/- per acre per year. Having accepted the land on lease from the gram Panchayat now appellant/petitioner is estopped to challenge the title of the gram-Panchayat. Section 116 of the Indian Evidence Act is being reproduced herein as under:- “116. Estoppel of tenant; and of licensee of person in possession – No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof, shall be LPA No.500 of 2009 (O&M) -3- permitted to deny that such person had a title to such possession at the time when such licence was given.” 5. A perusal of Section 116 of the Indian Evidence Act shows that any tenant of immovable property can not deny the title of the land-lord to such immovable property. 6. As admitted to the appellant/petitioner that he took the land in dispute from the Gram-Panchayat on lease and also paid the lease amount to the Gram Panchayat. Hence, now appellant/petitioner can not avoid eviction saying Gram Panchayat is not the owner of the property in dispute. 7. For the reasons recorded above, the appeal being devoid of merit, must fail, and the same is dismissed with no order as to costs. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 25.01.2010 JUDGE ashish