Dr. Bharat Bhushan Parsoon, J.

1. Dispute in this petition pertains to a plot of land measuring 113' x 154' which the petitioner-Sabha had taken on lease from Municipal Committee, Tarn Taran, for the purpose of providing play ground to the students of its school. It is claimed by the petitioner-Sabha that this play ground continues to be in existence and is being used by the students. Respondent No. 3 had sought eviction of the petitioner and 17 others under the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1959 (hereinafter referred as 'the Act'), claiming, that they were unauthorised possession on the public premises belonging to Municipal Committee, Tarn Taran. Though this eviction application vide order of Collector (Annexure P- 5), Tarn Taran, was rejected but appeal of respondent No. 3 against this order was accepted on 31.08.1994 vide order Annexure P-8. By filing this petition, order dated 31.08.1994 (Annexure P-8) is sought to be quashed by issuance of writ of certiorari. Plea of the petitioner-Sabha is that neither the land was taken from the Municipal Committee nor there was any connection of such Committee with the land of the School. It is rather urged that the land was owned by the Sabha as the same had been taken by it from the Central Government. It is asserted that Municipal Committee, Tarn Taran, is not owner of the land.

2. Per contra contention of the Municipal Committee, Tarn Taran, is that the land belongs to it and in fact, had been leased out to the petitioner-Sabha for facility of play ground for students of the School run by the Sabha. It is urged that the petitioner-Sabha raised construction in the nature of a commercial complex and when notice was given to stop such construction, title of the Sabha was denied and petitioner-Sabha had become unauthorised occupant thereof. It is urged that having been defeated at the legal hustings, the petitioner- Sabha has no ground to stand in. It is pleaded that the petition is a calculated device of the petitioner-Sabha to gain time. It is asserted that the petitioner-Sabha in a way intend to perpetuate its unauthorised possession since the time of filing of this petition till date whereas in terms of order dated 31.08.1994 (Annexure P-8), the petitioner-Sabha was required to deliver the vacant possession of the site within one month of passing the order.

3. It is not in dispute that petitioner-Sabha is running a school known as Sanatan Dharam Girls High School, Tarn Taran. Apart from the educational facilities, the school also provides facilities for games and other extra curricular activities to its students. It is clear that plot measuring 113' X 154' was taken from respondent No. 3 by the petitioner-Sabha for providing play ground to its school. Dispute arose between the parties somewhere in May, 1985 when the petitioner-Sabha allegedly started raising unauthorised construction in the shape of a commercial complex on the disputed property. Sequelly, notice dated 23.05.1985 was issued to the petitioner-Sabha but neither further construction was stopped nor existing one was demolished. Acting arrogantly, respondents No. 3 to 18 were inducted as tenants by the Sabha resulting in eviction proceedings against all of them including the petitioner-Sabha. Record reveals that no separate reply to application of respondent-Municipal Committee under the Act for eviction of respondents No. 3 to 18 was preferred by the Sabha. Order (Annexure P-5), however, reveals that the Sabha had claimed ownership of the site, asserting, that the site had been taken by it from the Central Government.

4. Claim of the petitioner-Sabha that the application for eviction of Sabha was without details of the land, is misnomer. In the petition itself, there is admission made by the Sabha with regard to identity of the site in dispute. Para No. 4 of the petition for ready reference is reproduced as below:

"That the Sabha had taken on lease a small plot of land measuring 113'X154' f

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