Jaswant Singh, J. - (1.) PLAINTIFFS/respondents are in second appeal against the judgements and decrees of the courts below, whereby their suit for declaration was dismissed by the trial court and in appeal the findings of the trial court were upheld.
(2.) BRIEFLY noticed the facts of the case are that plaintiffs filed a suit for declaration that order dated 24.7.2001 passed in case no.15 titled Kewal Krishan etc. Vs. Narender Singh, passed by AC Ist Grade Guhla is illegal, null and void, without jurisdiction and not binding upon the plaintiffs. They also sought consequential relief of permanent injunction restraining the defendants from dispossessing them from the suit land in execution of the impugned order dated 24.7.2001. It was alleged by the plaintiffs that they being tenants at the rate of 1/4th batai were in cultivating possession of suit land and ejectment order dated 24.7.2001 had been passed against them by AC Ist Grade in an ejectment petition filed under Section 9 of the Punjab Security of Land Tenure Act,1953 (for short the 1953 Act). It was further alleged that the said ejectment petition filed by General Power of Attorney was not maintainable as under Section 9 of the Act only land owner is competent to file the ejectment petition. It was further alleged that though all the land owners were required to file the ejectment petition but only some of them had filed the same and as such the ejectment petition was liable to be dismissed under Section 14 of the 1953 Act. It was also alleged that AC Ist Grade was bound to serve a notice on all the tenants after calculating the rent,if any, but no such calculation had been done nor any time was given to them for depositing the amount of rent found due, if any.
(3.) UPON notice of the suit, defendants filed written statement alleging therein that against the ejectment order passed by the AC Ist Grade the plaintiffs have already filed an appeal and the suit had been filed to harass the defendants. It was further alleged that prior to this an ejectment order was passed against the plaintiffs by the AC Ist Grade, Guhla on 19.11.1996 and plaintiffs had challenged the said ejectment order by way of an appeal which was dismissed by Collector Kaithal vide order dated 21.4.1996. It was further alleged that plaintiffs were chronic defaulters of payment of 1/4th batai. It was also alleged that since 24.7.2001 the plaintiffs were owners in possession of the suit land as trespassers.;