High Court Punjab-Haryana High Court

Janak Raj And Others vs State Of Haryana And Others on 18 December, 2008

Punjab-Haryana High Court
Janak Raj And Others vs State Of Haryana And Others on 18 December, 2008
             C.W.P No.1155 of 2008                         1

             In the High Court of Punjab and Haryana, Chandigarh.


                                             C.W.P No.1155 of 2008

                                             Date of Decision: 18.12.2008


Janak Raj and others
                                                    ....Petitioners.

               Versus

State of Haryana and others
                                                    ....Respondents.


Coram:- Hon'ble Mr.Justice J.S. Khehar
        Hon'ble Ms. Justice Nirmaljit Kaur


Present: Mr. Ramesh Sharma, Advocate
         for the petitioners.

          Ms. Ritu Bahri, DAG, Haryana
          for the State.

          Mr. Mahavir Sandhu, Advocate
          for respondents No.5 to 9.
                   ...

J.S. Khehar, J. (Oral).

The case set up by the petitioners before us is, that the

petitioners’ predecessors in interest entered into an agreement to sell dated

7.12.1979, wherein the property in question (over which the petitioners’

predecessors were tenants) was sought to be purchased by the petitioners’

predecessors from Ram Piari and Bhagwan Dass. Ram Piari and Bhagwan

Dass, however, admittedly did not transfer the ownership of the land in

question by executing any registered sale deed in favour of the petitioners’

predecessors. The petitioners’ predecessors, therefore, filed a civil suit at

Karnal. In the aforesaid civil suit filed by the petitioners’ predecessors, they

claimed specific performance of the agreement to sell dated 7.12.1979.
C.W.P No.1155 of 2008 2

The claim raised by the petitioners’ predecessors on the basis of

the agreement to sell dated 7.12.1979, was dismissed by the trial Court at

Karnal, by a judgement/decree dated 24.1.1983. The trial Court arrived at

the conclusion, that the petitioners’ predecessors had failed to prove, that the

agreement to sell had been executed (by the petitioners’ predecessors) in

respect of the land, which is subject matter of the present controversy. It is

not a matter of dispute, that an appeal was preferred by the petitioners’

predecessors against the judgement/decree dated 24.1.1983 before the lower

Appellate Court, and yet again (after the dismissal of the same by the lower

Appellate Court), before this Court. This Court eventually dismissed RSA

No.716 of 1986 on 16.5.1986. It is, therefore, clear that the claim of the

petitioners’ predecessors on the basis of the agreement to sell dated

7.12.1979 failed, and as such, the claim of the petitioners’ predecessors on

the basis of the agreement to sell dated 7.12.1979, became final. The

petitioners, therefore, can no longer rely on the agreement to sell dated

7.12.1979, so as to claim any relief.

Whilst Ram Piari and Bhagwan Dass were owners of the land

under reference, they filed an application for ejectment against the

petitioners herein on account of non-payment of rent. The instant

application was filed on 30.10.1986. The Assistant Collector, Ist Grade,

Karnal, allowed the aforesaid application by passing an ex parte order

against the petitioners on 23.2.1987. The petitioners preferred an appeal

against the order dated 23.2.1987 before the Collector, Karnal. The

Collector, Karnal, accepted the appeal preferred by the petitioners on

14.7.1987, and remanded the matter for re-adjudication to the Assistant

Collector, Ist Grade, Karnal.

C.W.P No.1155 of 2008 3

During the pendency of the ejectment proceedings initiated

against the petitioners by the original landlords, part of the aforesaid land

was purchased by respondents No.5 to 9 (herein) on 14.10.1987. Having

done so, respondents No.5 to 9 moved an application before the Assistant

Collector, Ist Grade, Karnal, seeking to be impleaded as parties in the

ensuing litigation as they had allegedly stepped into the shoes of the

previous landlords. The aforesaid application came to be dismissed by the

Assistant Collector, Ist Grade, Karnal, on 2.3.1989, and the appeal filed

against the order dated 2.3.1989 was dismissed by the Collector, Karnal on

5.8.1989.

The entire remaining land, which is subject matter of the

present controversy, was purchased by respondents No.5 to 9 (herein)

through two subsequent sale deeds dated 12.11.1990 and 13.2.1991.

Thereafter, respondents No.5 to 9 completely stepped into the shoes of the

earlier landlords i.e. Ram Piari and Bhagwan Dass.

Having acquired ownership rights in respect of the suit land,

respondents No.5 to 9 then preferred a civil suit, seeking possession of the

land in question from the petitioners (herein) by alleging, that the petitioners

were in unauthorised possession of the suit land. The aforesaid suit filed by

respondents No.5 to 9 at Karnal, was dismissed on 23.12.2002. It is not a

matter of dispute, that the aforesaid order dated 23.12.2002 eventually

attained finality as no appeal was preferred against the same.

For the first time, respondents No.5 to 9 filed an application for

ejectment under the provisions of the Punjab Security of Land Tenures Act,

1953, on the ground of non-payment of rent. It is important to notice, that

the conceded position before this Court at the hands of the petitioners is,
C.W.P No.1155 of 2008 4

that the petitioners had not paid any rent since the year 1979 onwards. It is

also conceded, that consequent upon the filing of the aforesaid application

by respondents No.5 to 9 (herein) the petitioners actually did not pay any

rent to respondents No.5 to 9.

The ejectment application was contested, firstly, by asserting

that the petitioners had acquired ownership rights over the land in question.

The claim of ownership raised in response to the ejectment application, was

based on adverse possession. It was asserted that the petitioners were in

occupation of the land in question, and had not paid any rent since the year

1979, and as such, they could no longer be treated as tenants. Secondly, it

was claimed by the petitioners, that the petitioners, having entered into an

agreement to sell with the earlier landlords, namely, Ram Piari and

Bhagwan Dass, their relationship of landlord and tenant with Ram Piari and

Bhagwan Dass had come to an end. On the instant issue, the petitioners

placed reliance on a decision rendered by the Supreme Court in R.

Kanthimathi Vs. Mrs. Beatrice Xavier, 2003(2) PLJ 211. The third

contention, advanced by the learned counsel for the petitioners, was that the

action of the petitioners in not paying rent to respondents No.5 to 9 was

bonafide, it was alternatively pleaded, that in case the petitioners (herein)

are declared to be tenants, they would be ready and willing to discharge

their responsibility and pay arrears of rent, interest, as well as, costs. It is

only these three submissions, which have been pressed at the hands of the

learned counsel for the petitioners before this Court.

In so far as, the issue pertaining to adverse possession is

concerned, the petitioners are estopped in law from raising the same after

having acknowledged, that they entered the possession over the land in
C.W.P No.1155 of 2008 5

question as tenants of Ram Piari and Bhagwan Dass. In so far as the present

proposition is concerned, reliance may be placed on Section 116 of the

Indian Evidence Act, 1872 (hereinafter referred to as the 1872 Act). Section

116 of the aforesaid Act is being reproduced hereunder: —

“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 license of the person in possession

thereof, shall be permitted to deny that such person had title to

such possession at the time when such license was given.”

On account of the clear mandate of Section 116 of the 1872 Act, since it is

not disputed by the petitioners, that Ram Piari and Bhagwan Dass were

originally owners of the land in question, and that, the predecessors in

interest of the petitioners were tenants under them, and that, the petitioners

had acquired the rights from their predecessors, who were tenants under

Ram Piari and Bhagwan Dass, we are satisfied that the claim of adverse

possession, raised by the petitioners, is wholly frivolous, specially because

respondents No.5 to 9 stepped into the shoes of Ram Piari and Bhagwan

Dass after purchasing the land under reference. In our view, the fact that the

petitioners had not paid any rent from 1979 onwards is inconsequential.

Additionally, the petitioners have not invited our attention to any evidence

to establish any action at the hands of the petitioners proclaiming ownership

rights over the land in question during the period they were in possession of
C.W.P No.1155 of 2008 6

the land in question. In view of the above, the first contention advanced by

the learned counsel for the petitioners, does not merit acceptance and is,

accordingly, declined.

The second contention advanced by the learned counsel for the

petitioners, is based on the decision rendered by the Apex Court in R.

Kanthimathi ‘s case (supra). We are afraid, that the submission advanced

by the learned counsel for the petitioners, is clearly inapplicable to the facts

and circumstances of the present case. In order to even prima-facie raise the

instant contention, namely, that once there is an agreement to sell between

the landlord and tenant, then the relationship of landlord and tenant ceases

to exist, vests the onerous responsibility in the petitioners to establish, that

there was factually an agreement to sell between the predecessors of the

petitioners and Ram Piari and Bhagwan Dass. We are of the view, that in so

far as the finding on the aforesaid proposition is concerned, the same was

rendered in furtherance of a civil suit filed by the petitioners themselves at

Karnal, wherein it came to be concluded, that the petitioners had failed to

prove that the agreement to sell dated 7.12.1979 had been executed by them

in respect of the land, which is subject matter of the present controversy.

That being so, it is not possible for us to draw any inference on the basis of

the aforesaid agreement to sell dated 7.12.1979. It is, therefore, not possible

for us to accept, that the relationship between the petitioners’ predecessors

and Ram Piari and Bhagwan Dass, of landlord and tenant, ever came to an

end.

The third contention advanced by the learned counsel for the

petitioners, was to the effect, that the petitioners would be ready and willing

to tender rent, interest thereon and costs, if the authorities recorded a finding
C.W.P No.1155 of 2008 7

to the effect that the relationship of landlord and tenant subsists between the

parties. In so far as the present issue is concerned, we have already held in

our conclusions recorded in furtherance of the first, as well as, the second

submission advanced by the learned counsel for the petitioners, that the

relationship of landlord and tenant between the petitioners’ predecessors

and Ram Piari and Bhagwan Dass never came to an end. Since the

petitioners have merely inherited the rights of their predecessors, the

relationship of landlord and tenant between the petitioners and Ram Piari

and Bhagwan Dass, in the first instance, and thereafter, with respondents

No.5 to 9 continued to subsist. The only question that remains to be

considered is, whether the petitioners can be permitted to tender all arrears

of rent at the present juncture ? It is not possible for us to allow the

petitioners to redeem themselves by making any payment of rent, interest

thereon and costs at the present juncture.

In view of the conclusions drawn by us, hereinabove, there can

be no doubt, whatsoever, about the relationship between the petitioners and

respondents No.5 to 9. The petitioners are tenants under respondents No.5

to 9. There can also be no doubt about the fact, that the petitioners had

failed to tender any rent before the Assistant Collector, Ist Grade, Karnal,

when an ejectment application was filed by respondents No.5 to 9, or at any

time thereafter. This factual position stands acknowledged, even at the

hands of the learned counsel for the petitioners. In view of the

acknowledged factual position, we are satisfied that the petitioners deserve

to be ejected from the suit land forthwith. Ordered accordingly.

In the facts and circumstances of this case, we are satisfied that

exemplary costs should be imposed on the petitioners for misusing the
C.W.P No.1155 of 2008 8

process of law to their own benefit. The petitioners had been blatant in

asserting, that they failed to tender any rent since 1979, although, they were

in possession of the suit land. Their claim for the purchase of the land in

question was dismissed by the Civil Courts. This position attained finality

as far back as in the year 1986, when RSA No.716 of 1986 was dismissed

by this Court on 16.5.1986. Although, the petitioners knew, that they were

not owners of the land in question, they continued to tress-pass over it. They

denied the claim at the hands of respondents No.5 to 9 so much so, that they

did not consider it appropriate even to tender rent. As of now, even if the

acknowledged stance adopted by the learned counsel for the petitioners, is

taken on its face value, the petitioners have been in continuous possession

of the suit land since 1979, without paying even a single Rupee towards

rent. Even if, we assume that the rate of rent was Rs.10,000/- per acre per

year (although it must really be much more) rent payable by the petitioners

would be at least Rs.1,00,000/- a year. The petitioners have failed to pay

rent for a period of 29 years. They are, therefore, liable to pay rent alone to

the tune of Rs.29 lacs. While determining the liability of the petitioners,

one is liable to take into consideration the component of interest also, but

while disposing of the instant writ petition, we do not desire to take the

same into consideration. Additionally, for misusing the process of law, the

petitioners have made themselves liable to costs. We hereby assess the said

costs at Rs.10,000/-. The aforesaid total component of costs come to

Rs.29,10,000/- (29,00,000/- + 10,000/-) . The petitioners shall pay the costs

assessed, hereinabove within three months from today. It needs to be

clarified, that we have not required the petitioners to pay arrears of rent or

interest thereon. It is only in equity, that while determining the component
C.W.P No.1155 of 2008 9

of costs, we have assessed the rental value of the land, which remained in

continuous unauthorised occupation of the petitioners (from the year 1979

onwards).

The instant writ petition is dismissed in the aforesaid terms.




                                                     ( J.S. Khehar )
                                                            Judge


                                                     ( Nirmaljit Kaur )
18.12.2008                                                      Judge.
        sk.