- (1.) This revision has arisen from the orders passed by both the courts below dismissing the application of the petitioners filed for temporary injunction. The petitioners have filed a suit for declaration that they are the lessee over the land measuring 31 kanal 16 marlas situated in village Khwaspur (Piplanwala) Hadbast No. 246, Tehsil and District Hoshiarpur on payment of 1/3rd share of produces and the eviction order passed against them under Sections 4 and 5 of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 (for short 'the Act') is illegal, null and void. As a consequential relief, the petitioners have also prayed for restraining the defendant from interfering in their peaceful possession while executing the eviction order dated 20.05.2008 passed by Sh. N.K. Wadhawan, Deputy Commissioner-cum-Collector, exercising powers of Commissioner Hoshiarpur-Shiromani Gurudwara Prabandhak Committee. Shorn of unnecessary details, it is pertinent to mention that an order of eviction was passed against the petitioners on 20.05.2008 under Sections 4 and 5 of the Act which was upheld by the Commissioner on 29.11.2010 and was further challenged by way of CWP No. 2440 of 2011.
(2.) In the said writ petition, the following order was passed by this Court: - "After arguing for some time, learned counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to challenge the provisions of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, whereunder the action has been taken. Prayer allowed. Dismissed as withdrawn with liberty to seek appropriate remedy to challenge the provisions of aforesaid Act, if, so desired"
(3.) The petitioners instead of challenging the vires of the Act, filed the present suit in which their application for temporary injunction was taken up at the first instance and decided by both the courts below against them.;