GRAM PANCHAYAT Vs. KULWANT SINGH

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge, Kurukshetra, dated 13th March, 1990, whereby the order of the trial Court dated 18th March, 1989 declining ad interim injunction in favour of the plaintiffs was set aside and the defendant-Gram Panchayat was restrained to execute the ejectment order dated 14th October, 1987, passed by the Collector under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, (hereinafter to as the 'Act').

(2.) Learned counsel for the defendant submitted that the suit land was leased out by the Gram Panchayat to the plaintiffs for one year i.e. 1978-79. Thereafter, the plaintiffs never paid any lease money nor vacated the suit land. Application under the Act was filed on 11th June, 1986, and eviction order was passed against the said order of the Collector but, instead thereof, they filed the present suit in which they also sought ad interim injunction. The trial Court declined the said ad interim injunction on the ground that the jurisdiction of the civil Court was expressly barred under Section 15 of the Act and, therefore, the plaintiffs were not entitled to any ad interim injunction. However, in appeal, the learned Additional District Judge took the view that the purpose of bringing in the suit would fail partly if the execution of the impugned order is carried out. He also observed that question is whether the Collector, Guhla was competent to pass the order of ejectment or not and where that question is posed, jurisdiction of civil Court can be invoked.

(3.) Learned counsel for the petitioner submitted that the whole approach of the lower Appellate Court was wrong and unwarranted. The view taken by the tenant in this behalf was legal and has been reversed in appeal arbitrarily. In support of this contention he has referred to Gram Panchayat, Bashamberpura v. Sardara Singh, 1988 2 RRR 207 .