- (1.) This revision arises of an order declining ad-interim injunction during the pendency of the suit brought by the petitioner.
(2.) The petitioner has challenged the order of the competent authority passed under Section 7 of the Punjab Village Common Lands (Regulation) Act (hereinafter referred to as the Act), evicting the petitioner, finding him to be an un-authorised occupant of the suit land. The sole ground for challenging the said order of the competent authority was to the effect that since earlier proceedings initiated under Section 7 of the Act were dismissed in the default, consequently no second proceedings are maintainable and the order passed by the authority is null, void and illegal and the plaintiff continues to be a tenant of the premises in dispute.
(3.) The lower appellate Court found in view of the admitted facts that earlier proceedings were dismissed in default, prima-facie there is no bar for bringing a fresh application by the Gram Panchayat for ejectment before the competent authority on merits and the said objections did not prevail with the competent authority and the order became final between the parties. It was further observed that since admittedly the plaintiff had taken the land on lease and the lease period has since expired, the possession of the plaintiff over the suit land, prima-facie is unauthorised and his possession as such continued even after the decision of the first application. Resultantly, the lower appellate Court found that there is no prima-facie case nor there is any balance of convenience in favour of the petitioner and the fact of the dismissal of the petition in default has been gone into right upto the Supreme Court in S.L.P. 4345 of 1987 decided on 20.4.1987 relied upon by the plaintiff, where the discretionary relief of injunction was declined and the order of the trial Court was affirmed.;