SARDARI LAL SAT PAL Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS will dispose of Civil Revisions No. 376 to 379 of 1992. In ail these cases, petitioners filed suits against the Improvement Trust, Amritsar, that they be not evicted from the land in their possession as they have been carrying on business there.

(2.) IN the suits, they challenged the order of S. D. O. (C)-cum-Collector as wall as the order of the Commissioner passed under Sections 4. 5 and 6 of the Punjab Public Premises Act (for short the Act) on the ground that they were in unauthorised occupation of the said premises. According to the petitioners, the Improvement Trust made an agreement to sell plot to Satwant Kaur who paid some amount to the Trust. Further, according to them, they came into possession of the premises under the Improvement Trust. The Improvement Trust made an endorsement on the back of the rent note in favour of Satwant Kaur to collect rent and Satwant Kaur filed an ejectment application against the petitioners They contested the same on the ground that there was no relationship of landlord and tenant. This issue was decided in favour of the petitioners and it was held that Satwant Kaur was only an Agent to collect rent on behalf of the Improvement Trust and the Improvement Trust was held to be the owner.

(3.) THE Improvement Trust initiated proceedings under Sections 4, 5 and 6 of the Act against the petitioners and an order for their eviction was passed by the Collector, which on appeal, was affirmed by the Commissioner. After having failed in proceedings under the Punjab Public Premises Act, present suits were filed for injunction in which an application for ad-interim injunction was made. The prayer for grant of ad-interim injunction was declined by the Courts below which is now being impugned here in this civil revision.