PUNJAB STATE Vs. GURDEV SINGH & CO

JUDGEMENT

(1.) This revision petition is at the instance of the State of Punjab.

(2.) It appears that ten suits were filed before the Sub-Judge, 1st Class, Ludhiana, seeking relief of permanent injunction restraining the State of Punjab and other defendants from assessing, demanding or recovering the disputed sums as royalty from the plaintiffs regarding excavation of earth for manufacture of bricks. It also appears that plaintiffs in those ten suits were either land-owners themselves or lessees of land belonging to others. The plaintiffs also prayed for a temporary injunction, for various sums of money had been sought to be recovered from the plaintiffs as arrears of land revenue. The State of Punjab and the official defendants took up the plea that the suit was not maintainable and that the plaintiffs were first required to make payments and then claim the sums back, if not due, under Section 78 of the Punjab Land Revenue Act.

(3.) The trial Court granted the injunction and the District Judge on appeal confirmed it which has given rise to this petition.