Punjab Wakf Board Vs. Ranga Singh & Anr.
EmailAppeal: Civil Appeal No. 1192 of 1984.
Petitioner: Punjab Wakf Board
Respondent: Ranga Singh & Anr.
Apeal: Civil Appeal No. 1192 of 1984.
Judges: MURARI MOHON DUTT, K.N.SINGH & M.H.KANIA, JJ.
Date of Judgment: Mar 30, 1988
Head Note:
RENT LAW
Judgment of the High Court set aside and suit decreed – Respondent to pay arrears of rent and continue with full tenancy rights at enhanced rent – The Full Bench decision of the Punjab and Haryana High Court in Bachan Chand v. Punjab Wakf Board relied upon by the High Court has since been reversed by the Court in Civil Appeal No.1191 of 1984 decided on January 21, 1988.
JUDGEMENT:
O R D E R
1. The Full Bench case of BACHAN CHAND V. PUNJAB WAKF BOARD disposed of by the Punjab & Haryana High Court on September 19, 1983, which has been relied upon by the High Court in allowing the appeal and dismissing the suit of the appellant, has since been reversed by this Court in Civil Appeal No. 1191 of 1984, PUNJAB WAKF BOARD V. BACHAN CHAND disposed of on January 21, 1988. In view of the said decision of this Court in Civil Appeal No.1191 of 1984, the impugned judgment of the High Court is set aside and the suit is decreed as follows:
The defendant-respondent shall pay the arrears of rent at the rate of Rs.15/- per Kanal per annum, that is to say, Rs. 90/- per annum for the disputed land with effect from the date of the institution of the suit till 31st December, 1987. The total amount of arrears would come to Rs. 3,150/- for the period expiring on 31st December, 1987. We direct the respondent to pay the arrears by depositing this amount in this Court within four months from today. With regard to the subsequent period commencing from January 1, 1988, the respondent will continue as a tenant with full tenancy rights at a rent of Rs. 600/- per annum in respect of the land in question. In case the respondent is unwilling to continue as a tenant, it would be open to the respondent to surrender possession to the Wakf Board. The respondent will file an affidavit to the effect that he is willing to continue as a tenant on the terms mentioned above on or before 30th April, 1988. If such an affidavit is not filed or in case of failure of payment of arrears which has been computed at Rs.3,150/- on or before 30th June, 1988, there will be a decree for possession in favour of the appellant Board which will be entitled to execute the decree for possession. There will also be a decree for payment of Rs. 3,150/- which the appellant Board will be entitled to execute in case the said amount is not paid within the specified time-frame apart from being entitled to execute the decree for possession. In the event of the respondent filing the affidavit and paying the arrears within the specified time, the respondent will be entitled to continue as a tenant with full tenancy rights at an annual rent of Rs. 600/- with effect from 1.1.1988.
2. The appeal is disposed of as above. The parties are directed to bear their own costs throughout.
1. The Full Bench case of BACHAN CHAND V. PUNJAB WAKF BOARD disposed of by the Punjab & Haryana High Court on September 19, 1983, which has been relied upon by the High Court in allowing the appeal and dismissing the suit of the appellant, has since been reversed by this Court in Civil Appeal No. 1191 of 1984, PUNJAB WAKF BOARD V. BACHAN CHAND disposed of on January 21, 1988. In view of the said decision of this Court in Civil Appeal No.1191 of 1984, the impugned judgment of the High Court is set aside and the suit is decreed as follows:
The defendant-respondent shall pay the arrears of rent at the rate of Rs.15/- per Kanal per annum, that is to say, Rs. 90/- per annum for the disputed land with effect from the date of the institution of the suit till 31st December, 1987. The total amount of arrears would come to Rs. 3,150/- for the period expiring on 31st December, 1987. We direct the respondent to pay the arrears by depositing this amount in this Court within four months from today. With regard to the subsequent period commencing from January 1, 1988, the respondent will continue as a tenant with full tenancy rights at a rent of Rs. 600/- per annum in respect of the land in question. In case the respondent is unwilling to continue as a tenant, it would be open to the respondent to surrender possession to the Wakf Board. The respondent will file an affidavit to the effect that he is willing to continue as a tenant on the terms mentioned above on or before 30th April, 1988. If such an affidavit is not filed or in case of failure of payment of arrears which has been computed at Rs.3,150/- on or before 30th June, 1988, there will be a decree for possession in favour of the appellant Board which will be entitled to execute the decree for possession. There will also be a decree for payment of Rs. 3,150/- which the appellant Board will be entitled to execute in case the said amount is not paid within the specified time-frame apart from being entitled to execute the decree for possession. In the event of the respondent filing the affidavit and paying the arrears within the specified time, the respondent will be entitled to continue as a tenant with full tenancy rights at an annual rent of Rs. 600/- with effect from 1.1.1988.
2. The appeal is disposed of as above. The parties are directed to bear their own costs throughout.
