R.S.A NO. 1754 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A NO. 1754 OF 2009 DECIDED ON : 10.09.2009 Swadesh Narang and others ...Appellants versus Panchayat Samiti and others ...Respondents CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA Present : Dr. Anmol Rattan Singh Sidhu, Senior Advocate with Mr. Rajesh Narang, Advocate, for the appellants. HEMANT GUPTA, J. (ORAL) The legal heirs of plaintiff Munshi Ram are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for declaration, challenging the order of eviction passed by the authorities under the Punjab Public Premises Act and Rent Recovery, 1973 (in short “the Act”) was dismissed. Plaintiff Munshi Ram was leased Plot No. 6 by defendant-Panchayat Samiti on 14.10.1971 on the terms and conditions specified. R.S.A NO. 1754 OF 2009 -2- Since the plaintiff did not vacate the premises after the expiry of the agreed period, which was one year, the Panchayat Samiti initiated proceedings for eviction in the year 1987. Such proceedings culminated with the order passed by the Collector on 12.07.1993. The appeal filed by the plaintiff was dismissed by the Commissioner, Ferozepur Division, Ferozepur on 17.12.1996. The plaintiff was directed to pay the entire amount on account of unauthorized use and occupation of the plot in question along with interest @ 18% on or before 31.12.1997. The writ petition No. 15995 of 1998 challenging the aforesaid order was dismissed as withdrawn on 13.10.1998. Though the jurisdiction of Civil Court was barred in terms of Section 15 of the Act, the present suit for declaration was filed on 05.04.1999 which has been dismissed by both the Courts below and still aggrieved, the legal heirs of the plaintiff are in second appeal. The only argument which has been raised by learned counsel for the appellants is that the grounds of eviction are not specified in the notice under Section 4 of the Act dated 05.08.1987 A perusal of the notice produced by learned counsel for the appellants shows that the appellant has been reflected to be in unauthorized occupation of the land in dispute. Once the said ground is specified in the notice, no other explanation was required to be given in the notice. It is a classic case where the appellants have abused the process of law and delayed the R.S.A NO. 1754 OF 2009 -3- eviction proceedings for almost 13 years, after confirmation of the order of eviction by the Commissioner, Ferozepur Division, Ferozepur. The jurisdiction of civil Court is specifically barred. The plaintiff has filed the writ petition before this Court and withdrew the same. The said conduct of the appellants and abusing the process of the Court for a period of 13 years, warrant costs so as to deter the persons like the appellants from initiating the similar proceedings. Consequently, the present appeal is dismissed with costs. Costs is assessed at Rs.10,000/-. September 10, 2009 (HEMANT GUPTA) shalini JUDGE