KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for permanent injunction in respect of agricultural land comprised in Khewat/Khatoni No. 359/521 Khasra Nos. 286, 287, 290 and 291 on the basis of possession alone, was dismissed.

(2.) IT is the case of the plaintiff that he is in possession of the suit land and has built a house thereon. The defendants have instituted a false case based on fictitious revenue record and started eviction proceedings under the Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Act'). The Collector passed the order of eviction against the plaintiff on 22.6.1971. The appeal filed by the plaintiff was dismissed. Even the writ petition filed by the petitioner, was also dismissed. The plaintiff claimed that such decisions were based on wrong and baseless assumption of title and fraudulent and fictitious entries in the revenue record. As such the same are illegal and not binding on the rights of the plaintiff. It is the case of the plaintiff that the plaintiff is entitled to a decree for permanent injunction to protect his possession over the suit land on the basis of possession alone.

(3.) THE appeal against the said judgment and decree was dismissed holding that the plaintiff was lawfully ejected in the year 1971 by initiating proceedings under the Act. Since the plaintiff has occupied the suit property after eviction, he is not entitled to injunction as the land is lying vacant because it is used only at the time of cattle fair. If the protection sought for is granted to the plaintiff, there will be no end to it and the eviction order already passed against him, would carry no value in the eyes of law. However, the learned first Appellate Court found that the defendants have not proved the fact that the property was once owned by a Mohammedan and, therefore, it cannot be said to be evacuee property.