VINOD K.SHARMA,J - (1.) THIS revision petition under Article 227 of the Constitution of India has been filed against the order dated 14.6.2007 vide which while adjourning the case for filing of written statement and reply, an order was passed restraining the dispossession of the plaintiff-petitioner from House No. AD-119, HMT Colony, Pinjore except by following provisions of the Public Premises Act. The order passed reads as under : "W.S. & Reply to be filed on 20.08.2007 Till then, the Plaintiff be not dispossessed from house No. AD 119 (suit property) except by following provisions of Public Premises Act."
(2.) THE petitioner-plaintiff has filed a suit for injunction restraining the defendant-respondents from continuing proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short the Act) on the plea that there exists a relationship of landlord and tenant between the parties. It was claimed in the suit that Ministry of Urban Development and Poverty Alleviation, Director of Estate had passed a resolution dated 30.5.2002 which stands published in the Gazette of India dated 8.6.2002 wherein it has been provided that possession from the tenant cannot be taken except under the Rent Act as applicable. It was in the suit that an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short the Code) was moved on which the order referred to above has been passed.
(3.) THE contention of Mr. Ashok Aggarwal, learned senior counsel appearing for the petitioner was that by way of impugned order by permitting the respondents to proceed under the Act the very object of the suit stands defeated that too without giving an opportunity to the petitioner to put up his case.;