ARMS STRONG RUBBER LTD Vs. GRAM PANCHAYAT, VILLAGE HAMBRAN, LUDHIANA AND OTHERS
LAWS(P&H)-2001-4-121
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 03,2001

ARMS STRONG RUBBER LTD Appellant
VERSUS
GRAM PANCHAYAT, VILLAGE HAMBRAN, LUDHIANA AND OTHERS Respondents

JUDGEMENT

- (1.) The first respondent had filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 against the petitioner. A reply was filed. Thereafter, the petitioner filed an application dated January 15, 2001. It was prayed that the proceedings be dropped. Vide order dated March 5, 2001, a copy of which has been produced as Annexure P-15 with the writ petition, the competent authority has found that "both the parties have yet to produce their respective evidence in the Court. So long as both the parties place their evidence on the file, till then, it is not proper to drop the proceedings". Thus, the application has been dismissed. Aggrieved by the order, the petitioner has approached this Court through the present writ petition.
(2.) Mr. Sarwan Singh, learned counsel for the petitioner, has contended that a relationship of landlord and tenant exists. Thus, the petition under Section 7 of the Act is not competent.
(3.) According to the petitioner, it had taken land measuring 9.32 acres on lease at the rate of Rs. 5,633/- per year. There was a provision for increase at the rate of 33% after every 10 years. The petitioner claims that it has been making periodic deposits. In respect of the amount which was due upto December 311, 2000, an application dated December 8, 2000 was filed for permission to make the deposit. Despite these facts, the Panchayat had filed the petition under Section 7 of the Act and claimed damages for unauthorised occupation amounting to Rs. 1,31,42,500/-. According to the respondent- Panchayat the amount of money due from the petitioner on account of use and occupation was Rs. 6,57,125/-.;


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