NAGAR COUNCIL BARNALA Vs. KULWANT SINGH

JUDGEMENT

(1.) By this petition, the petitioner, i.e. the Nagar Council, Barnala, has challenged the order of the learned Civil Judge (Junior Division), Barnala, dtd. 19/10/2015, by which the preliminary issue arising in the suit instituted by the respondent herein, i.e. on the issue of jurisdiction of the civil court to entertain such a suit, has been decided against the petitioner- defendant and in favour of the respondent-plaintiff.

(2.) The suit instituted by the respondent herein is one seeking a declaration to the effect that the respondent-plaintiff is "a genuine owner in possession of one Khokha (kiosk) no.14 size 8'x8'", with the description of the property also naturally given in the plaint, with him further seeking a declaration to the effect that the order passed by the Deputy Director, Local Self Government, Punjab, Patiala, on 22/7/2014, exercising powers of a Collector under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act), is an order that is null and void and not binding on the plaintiff.

(3.) In the order passed by the Collector under the Act, dtd. 22/7/2014 (copy Annexure P-1), it is stated that notices under Ss. 4(1) and 7(3) of the Act were issued to the respondent herein, who appeared before that authority in response thereto on 22/2/2011, and filed a reply to the notices on 14/6/2012.