SHIKANDER BAKSH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is apparent from the records that the State of Punjab has filed an application under Sections 5 and 7 of the Punjab Premises (Eviction and Rent Recovery) Act, 1973, for ejectment of the petitioner from the land, in dispute. In that application, petitioner, before filing his written statement, moved one application, to drop those proceedings, on the basis of averments made by him in his application. Vide order, under challenge, that application was dismissed. This Court feels that the averments, which the petitioner has made in his application, can be gone into only after leading evidence. Vide order, under challenge, he has been asked to file his written Civil Revision No.4140 of 2005 -2- statement and only after that, Collector will be in a position to give finding regarding the issues raised by him. No case is made out for interference. Dismissed. However, it is made clear that anything said by the Collector in order dated 8.6.2005, shall not affect the ultimate merits of the case.