CWP No.11724 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.11724 of 2010 Date of Decision: 7.7.2010 Daya Chand and another .....Petitioners Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Vikram Punia, Advocate for the petitioners. .... RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing orders dated 11.5.2007, 6.3.2009 and 25.3.2010, passed by the Assistant Collector, Ist Grade, Sonepat, the Commissioner, Rohtak Division, Rohtak and the Financial Commissioner, Haryana. Counsel for the petitioners submits that the petitioners are the landowners, whereas respondents no.5 to 8 are their tenants. The petitioners filed an application, under Section 14-A of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as `the Act'), for ejectment of respondents no.5 to 8 for non payment of rent. The Assistant Collector, Ist Grade, Sonepat, assessed the arrears of rent and directed respondents no.5 to 8 to deposit the arrears. Though respondents no.5 to 8 deposited the arrears, their default in payment of rent should have led to their ejectment. It is argued that even a single default is sufficient to order the ejectment of a tenant and the mere fact that the tenant deposits rent, can not deprive a CWP No.11724 of 2010 2 landlord of his right to seek ejectment of a tenant. I have heard counsel for the petitioners, perused and impugned orders and find no reason to hold in favour of the petitioners. If a tenant fails to pay the agreed rent, a landlord may approach the Assistant Collector, Ist Grade by way of an application under Section 14 of the Act praying that as his tenant has not paid rent, he should be ejected. Section 14-A of the Act, however, places a statutory obligation on the Assistant Collector to determine the arrears of rent and thereafter, call upon the tenant to deposit the amount so determined, within 15 days. If a tenant fails to deposit arrears, within the period so prescribed, he is liable for summary ejectment. Where, however, a tenant deposits the rent, within the period so granted, the default stands condoned. The Assistant Collector, Ist Grade, Sonepat, assessed the amount due from the tenants. Admittedly, the tenants deposited this amount, thus, bringing to an end to the proceedings for ejectment. The submission that as deposit of arrears is an admission of default in payment of rent, the tenants should be ejected, disregards the statutory opportunity granted by Section 14 of the Act, to a tenant, to make payment of arrears, as determined by the Assistant Collector. In this view of the matter, as the impugned orders do not suffer from any error of jurisdiction or of law, the present petition is dismissed. 7.7.2010 (RAJIVE BHALLA) GS JUDGE