THE GRAM RANCHAYAT OF VILLAGE RAMUWAL, TEHSIL NAKODAR, THROUGH JASBIR SINGH ITS SARPANCH Vs. SANTOKH SINGH

JUDGEMENT

(1.) BRIEFLY , the facts of the case are that on the application of Gram Panchayat Ramuwal -Petitioner, an order of eviction was passed by the District Development and Panchayat Officer, acting as Collector, regarding the land in dispute against the Plaintiff -Respondent, under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'The Act'). The Plaintiff filed a suit challenging the aforesaid order. He also moved an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying that an ad interim injunction be issued against the Gram Panchayat that he should not be dispossessed from the land till the decision of the suit. -The learned trial Court did not grant the ad -interim injunction. In appeal, the learned District Judge, Jalandhar, granted the ad interim injunction The Gram Panchayat has come up in revision to this Court.

(2.) IT is contended by Mr. Dogra, learned Counsel for the Petitioner, that the appellate Court in view of Section 10 of the Act had no jurisdiction to grant the ad interim injunction In support of his contention he has made reference to Civil Revision No. 1177 of 1983 entitled as Gram Panchayat Pakka Kalan v. Hardit Singh C. R. No. 1177 of 1983 decided on 7.12.1983.

(3.) FROM a reading of the above sections, it is clear that the Legislature expressly excluded the Civil Court to issue an injunction against an order of ejectment under the Act. The provision is mandatory in nature and has been made with the object that an un -authorised occupant should not be allowed to defeat the purpose of the Act by obtaining an ad interim injunction. After taking into consideration all the aforesaid circumstances, I am of the view that the Civil Court had no jurisdiction to issue an ad interim injunction in favour of the Plaintiff -Respondent. In the above view, I am fortified by a decision of this Court in Gram Panchayat Pakka Kalan's case (supra).