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Section 10 – The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

Section 10. Finality of orders

Save as otherwise expressly provided in this Act, every order made by the Collector or Commissioner under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

COMMENTARY

This section gives general immunity to the order of a Collector or Commissioner passed under the Act against any probe or injunction by a civil court, while section 15 specifically bars the jurisdiction of the court from entertaining suits or proceedings in respect of evictions under section, 5 of rents and damages recoverable under section 7 and costs under section 9(5) of this Act. Even an application for revision will not lie to the Financial Commissioner against an order of Commissioner. Where an appeal was rejected by the Addl. Commissioner as also the application for review the F.C declaimed to intervenue. Harbans Singh v Punjab State. 1979 LLT 4.

Where an Act gives finality to an order of a special tribunal the jurisdiction of the civil court must be held to be excluded if there is adequate remedy to do what a civil court would normally do in a suit. But this provision does not exclude cases where the tribunal has not complied with statutory provisions or principles of judicial procedure. c.f Dhula Bhai v State of MP; MIR 1969 SC 78

The principles governing the bar to the jurisdiction are, that such a bar in the cases of civil nature is not to be presumed unless the provision excluding such jurisdiction is made in clear and unambiguous language. c.f. Manphool v Dulichand: AIR 1969 Raj 169 (FB). Whenever a statute provides such exclusion it must be strictly construed and confined only to the four corners of statutory bar. Naib Singh v Bajo Ram : AIR 1969 J&K 9. Also see AIR 1969 SC 439. The basis of inherent jurisdiction of the court is the Civil Procedure Code (section 151 and this cannot be enlarged even because of extra-ordinary situation. AIR 1965 SC 1449. Even the High Court can assume such jurisdiction.

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The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

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