Punjab-Haryana High Court
Union Of India And Others vs Kartar Chand And Others on 12 December, 2012
Author: Jaswant Singh
Bench: Jaswant Singh
RSA 3366/2010 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
RSA No.3366/2010
Date of decision:12/12/2012
Union of India and others
.............Appellants.
v.
Kartar Chand and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Nitin Kumar,Advocate for the appellants.
Mr.Yogesh Goyal,Advocate for the respondents.
Jaswant Singh,J(Oral).
Defendants-Union of India in the Department of Railways are in second appeal against the judgment and decree of reversal whereby the suit of respondents/plaintiffs for injunction has been decreed by the learned lower appellate court while setting aside the judgment and decree of dismissal passed by the learned Civil Judge (Junior Division)Ludhiana.
Facts in brief are that plaintiffs claiming that they are in cultivating and peaceful possession of the suit property, as reflected from the revenue records, were facing threat from the defendants of forcible and illegal dispossession, were constrained to file a suit for RSA 3366/2010 2 injunction seeking to restrain the defendants from dispossessing them from the suit land, forcibly and illegally except in due course of law, fully described in the head note of the plaint.
The official defendants filed a written statement raising various objections besides asserting that the suit land belonged to the Railways Department and the plaintiffs were encroachers on the said land.
The learned Civil Judge (Junior Division)Ludhiana on the basis of evaluation of evidence adduced dismissed the suit vide judgment and decree dated 14.1.2008. However, the learned District Judge, Ludhiana vide judgment and decree dated 20.11.2009, in the appeal filed by the plaintiffs reversed the findings and held that on the basis of the revenue record produced, the possession of the plaintiffs was established and therefore decreed the suit.
At the time of arguments, learned counsel for the official defendants/appellants submits that proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act,1971 have been initiated against the plaintiffs for their eviction from the suit property.
In response, learned counsel for the respondents/plaintiffs submits that since defendants have initiated the due process of law, no further orders are required to be passed in the present appeal.
After hearing the learned counsel for the parties and perusing the findings noticed by the learned appellate court, I find that once the defendants have already initiated proceedings under the RSA 3366/2010 3 Public Premises (Eviction of Unauthorised Occupants) Act,1971 no further orders are required to be passed in the present appeal.
Disposed of accordingly.
12.12.2012. (Jaswant Singh) joshi Judge