LAWS(HPH)-2015-7-20

KAVITA PANT AND ORS. Vs. UNION OF INDIA AND ORS.

Decided On July 06, 2015
Kavita Pant And Ors. Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayer: - -

(2.) THE brief facts giving rise to the present case are that eviction proceedings under the Public Premises Act were initiated against the petitioners which culminated into an eviction order. This order was further assailed before the learned Appellate Authority, who too dismissed the same vide judgment dated 22.06.2015.

(3.) THE petitioners contested these proceedings by claiming that the notice served upon them was malafide and without jurisdiction because in the Civil Suit No. 45/1 of 2012 instituted by them, their possession for more than 60 years over the suit land had been established and the suit had been partly decreed. It was further averred that the suit land had been given to the predecessor of the petitioners by the erstwhile ruler of Sirmaur State and their possession over the suit land was from three generations. It was also averred that they had constructed their houses by investing huge amount.