P.S.PATWALIA, J. - (1.) BY way of the present writ petition the petitioner is challenging the orders passed under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter to be referred as, Rs.1973 Act'). The eviction of the petitioner from the property was ordered under 1973 Act by the Collector Sub Division, Sangrur by his order dated 10.2.2006. A reading of the said order would show that it is categorically found therein that the land in possession of the petitioner belongs to the Irrigation Department, Punjab. The property is therefore owned by the Provincial Government and the petitioner is in illegal possession of the said property. It was therefore that he was ordered to be evicted from the said property. The findings recorded by the Collector are as hereunder :- "From the perusal of the record from the file and after hearing the arguments of the learned Counsel for the respondent and arguments of Tehsildar, one thing is clear that the property is ownership of provincial Govt. This fact is proved from column No. 4 of Ex.R-1 to R-7. The respondent is in illegal possession of the property and he has no right. It is therefore ordered that respondent be evicted from the property in dispute khewat No. 2377 khatauni No. 3662 killa No. 9/27/13-9 as my predecessor has already issued notice under Section 4(1) of the Punjab Public Premises and Land (Eviction and Rent Recovery Act, 1973 on 29.10.03. In case the respondent did not vacate the premises in dispute, further proceedings will be initiated against him under rule."
(2.) IN an appeal filed by the petitioner, the Commissioner, Patiala Division, Patiala again found that the property clearly belongs to the Provincial Government and the petitioner was in illegal possession of the same. So the order passed by the Collector was upheld with the following observations :- "I have heard the arguments of Sh. Ranjit Singh Advocate and has examined the record attached with the appeal. From the record it is found that in the column of ownership of the Jamabandi for the year of 1965-66, in column No. 4 Killa No. 9//27 (13-9) provincial Govt. Punjab is recorded as owner. From this it is clear that Provincial Govt. is owner of the property in dispute and the appellant is in illegal possession of the disputed land. So the order passed by the Ld. Lower Court is correct and there is no merit in the arguments raised by counsel for the appellant. Appeal is dismissed in limine..." It is these orders which have been impugned in this writ petition. Mr. Amarjit Markan, learned counsel for the petitioner primarily contended that the petitioner had been in possession of the said property from 1965 onwards and therefore the application filed by the State Government for his eviction under 1973 Act was barred under Article 111 of the Limitation Act, 1963 wherein a limitation of 30 years has been prescribed. A perusal of Article 111 of the Limitation Act appears in para 9 of the first division of the Schedule. The same is titled as "Suits relating to misc. matters". It is therefore apparent that the said Article would apply to civil suits and not to applications filed under 1973 Act. The argument therefore cannot be accepted.
(3.) EVEN otherwise, the facts of this case would show that the petitioner has been in illegal possession of the Government land. He has no title on the said property. He has been ordered to be evicted from the aforesaid Government land.;