RAJINDER SINGH Vs. GRAM PANCHAYAT ETC

JUDGEMENT

(1.) Petitioner is aggrieved by the order of Additional District Judge whereby order passed by the Sub Judge granting interim injunction to the petitioner as prayed for has been vacated.

(2.) Petitioner the plaintiff filed the present suit through his special power of attorney, Smt. Ajit Kaur (mother of the plaintiff)challenging the order dated 11.9.1991 passed by the authority under the Public Premises Act ordering eviction from land measuring 19 kanals 4 marlas on the ground that same is illegal, null and void and against the mandatory provisions of Punjab Public Premises and Land (Eviction and Recovery) Act, 1973. As per the case of the plaintiff this land is the properietory body of the village and plaintiff being one of the proprietors his name finds duly recorded in the revenue record and so no application could be filed by the Gram Panchayat in respect of such land and even otherwise service having not been effected upon the plaintiff the impugned order is null and void. By way of interim injunction plaintiff claimed injunction restraining the defendants from interfering in his possession or evicting him on the basis of order dated 11.9.1991.

(3.) Trial Court vide order dated 24.7.1992 restrained the defendants from dispossessing the plaintiff from the suit property.