- (1.) The prayer of the respondents for eviction of the petitioners from the shop in question was allowed on 1.9.2008 under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short, "the Act"). The petitioners claim that they are owners of the shop in question and were wrongly evicted therefrom. The petitioners filed an appeal against this order, which was dismissed and the petitioners thereafter have approached this Court through the present writ petition.
(2.) The petitioners have averred that Pandit Dogar Ram was the owner of the premises, which consisted of two shops at Banga District Nawashahar. Said Pandit Dogar Ram is stated to have purchased this premises in open auction in 1933 from District Board, Nawashahar. Father of petitioner No.1 was inducted as a tenant in the property in the year 1949. The ejectment petition was filed against the father of petitioner No.1 but was dismissed on 13.6.1982. Petitioner No.1 became the tenant on the death of his father on 24.4.1982. The appeal filed by the landlord against the order, rejecting ejectment was also dismissed on 30.8.1986. Execution Second Appeal (ESA) No.605 of 1987, which was filed on 3.6.1987 is pending before this Court. The petitioners claim to have bought this property by registered sale deeds dated 20.1.1989 and 25.2.1991. Thereafter, the petitioners submitted a site plan for making certain changes in the property. Respondent No.4 informed the petitioners about the sanction, which was given by the PWD Department and accordingly the petitioners made construction/changes, absolutely in conformity with the site plan.
(3.) Respondent No.4 issued a notice to the petitioners on 10.4.2001 to vacate the premises in question as the same was stated to be a Government land. Petitioners state that no basis was intimated to the petitioners in support of this claim. The petitioners filed reply/objections claiming themselves to be the owners of the property. Ignoring the same, on 30.4.2002, respondent No.4 directed the petitioners to vacate the premises in question within three days.;