JUDGEMENT
AJAI LAMBA,J. -
(1.)APPLICATION is allowed. Copy of order dated 28.4.2005 is taken on record as Annexure P-8.
This petition has been filed under Article 226/227 of the Constitution of India in challenge to orders dated 29.11.2004 and 29.11.2006, Annexures P-4 and P-7 respectively, passed under the provisions of Haryana Public Premises and Land (Eviction & Rent Recovery) Act, 1972 (for short, 'the Act').
(2.)THE facts are not in dispute. The petitioner was a lessee under the Municipal Committee, Narnaul. The Municipal Committee sold the property to one Kailash Chand vide registered sale deed dated 28.2.1994.
On 27.1.2003, an application was moved by the Municipal Committee, Narnaul while invoking the provisions of Sections 4, 5 and 7 of the Act. The petitioner filed a reply challenging the jurisdiction of the Municipal Committee as the Committee was not the owner of the property at issue. In the order of eviction passed by the Collector, Sub Division, Narnaul on 29.11.2004, Annexure P-4, it stands admitted that ownership of the property is not that of the Municipal Committee. The issue whether the Municipal Committee could initiate proceedings in regard to the property not in its ownership, has not been considered specifically.
(3.)IT seems that the petitioner brought an appeal which, however, has been dismissed vide Order dated 29.11.2006, Annexure P-7. The issue of jurisdiction as noticed above, has not been considered even by the appellate authority.
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