STATE OF PUNJAB Vs. DOODH NATH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 28.11.1998 whereby preliminary issue as to the jurisdiction of the Civil Court has been decided in favour of the plaintiffs and against the Punjab State-respondents.

(2.) The plaintiffs have filed a suit for permanent injunction restraining the defendant from dispossessing them from the property in dispute. One of the objections taken in the written statement was that the Civil Court had no jurisdiction to try the suit as the proceedings under the Punjab Public Premises and Land Eviction and Rent Recovery Act, 1973 are pending against the plaintiffs and no eviction order is proved to have been passed by the competent authority against them. That being so, section 15 of the Act aforesaid would not come in operation where the defendants are threatening to dispossess the plaintiff forcibly from the suit property.

(3.) Learned counsel for the petitioners submitted that a notice has been issued under the Punjab Public Premises Act but the proceedings could not be taken because of the present suit. This is hardly a ground for staying the proceedings. In any case, it will be open to the State Government to make a statement in the trial Court that the plaintiffs will be dispossessed in accordance with laws under the Act aforesaid. In that situation, the Punjab State may take necessary proceedigns against the plaintiffs.