Bare ActsThe Haryana Public Premises and Land (Eviction and Rent Recovery) Act,1972 (24 of 1972)

Section 35

The conclusion arrived at by the prescribed authority holding

Amendment status not verified — confirm the current text below against the official source.

The conclusion arrived at by the prescribed authority holding .that a Sarpanch of the Gram Panchayat is not a tenant canno.t be interfered with under Article 226 of the Constitution. This is a question basically one of fact and would not be interferred with under Article 226. Mahan Singh v. Resident Magistrate 1965 Cur. LJ 37, 1965 PLR 161. --Section 7-Expiry of term of lease-Gram Panchayat can dispossess by taking action U/S. 7 or under any other provision of law available to them 1998 (1)All INDIA LAND LAVVS REPORTER 609. Section 7-Limitation Act, 1963-Articles112 and 113-Petitioner denies having. been in ossession of public premises and further resents the recovery of rent as time barred-Once it is held that petitioner remained in occupation of Government land, he cannot resist the recovery Of rent/damages as barred by limitation--As held in 1983(1) ALL INDIA LAND LAWS REPORTER 572, Limitation was 30 years under Article 117--Article 113 would not be applicable; Gajjan Singh v. State of Punjab; 1997(2) All INDIA LAND LAWS REPORTER (P&H) 121. Ss. 7 and 10-On expiry of tenure of service an employee of the L.I.C. was I required to vacate the Premises owned and possessed by L.I.C. -Old not-Clause shown by respondent-employee did not appeal to the L.I. C .and hence an order of eviction-Unsuccessfully challenged before the City Civil court and was not entertained, by the appellate court-ln writ jurisdiction the respondent whereas could not demolish the grounds of eviction, clung to plea of despair that in case he went to Small Cause Court, in view of S.10 of the Act; his possession during the pendency of the suit would not remain protected-High Court ordered (i) matte may be taken up before a court of competent authority and (ii) directed the orders of the Estate Officer to be stayed for that period L.I.C. is in appeal-Apex Court held (i) Respondent would gave an undertaking to Vacate the premises within 6 months, quantum of rent and damage to be sympathetically decided by L.I.C. (ii) Retiral dues to be cleared within two months, to enable respondent to seek alternative accommodation; Life Insurance Corporation of lndia V. Shiva. Prasad Tripathi ; 1996(1) ALL INDIA LAND LAWS REPORTER (SUPREME COURT) 533. . FOR PUNJAB AND HARYANA .

Section 35 – The Haryana Public Premises and Land (Eviction and Rent Recovery) Act,1972 (24 of 1972) | DailyLaw.ai