JAIPAL Vs. GRAM PANCHAYAT, MINGNI KHERA AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 7.9.2006 passed by the learned District Judge, Hisar, reversing the order dated 2.8.2006 passed by the learned trial Court granting an injunction in favour of the petitioner and restraining the Gram Panchayat respondent No. 1 herein from taking possession of the property in dispute during the pendency of the suit.

(2.) The case of the petitioner was that on earlier occasion he had filed a suit for injunction in which on one of the issues, a finding was recorded that he was in possession of the property in dispute as a tenant on payment of fixed rent of Rs. 400/- per year. However, the suit was disposed of with liberty to the Gram Panchayat to seek eviction of the petitioner in accordance with law. The Gram Panchayat had initiated proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the 'Act') and the learned Assistant Collector, Hisar, was pleased to order eviction of the petitioner and also imposed a penalty of Rs. 6,90,375/- @ Rs. 10,000/- per acre per year which was calculated from April 1991 to April 2006.

(3.) The case of the petitioner was that he was not in a position to pay this amount and therefore could not pursue the remedy of appeal and, therefore, the present suit has been filed.