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Equivalent Citations
citation codes
Advocates
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Acts
  • Section 4, 5 and 7 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1971 readwith Rule 3, 5 and 8 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Rule 1971
  • Section 80 of the Code of Civil Procedure readwith Section 106 of the Transfer of Property Act
  • Section 106 of the Transfer of Property Act readwith Section 80 of the Code of Civil Procedure
  • provisions contained in Section 6 of the Andhra Pradesh Land Encroachment Act, 1945,
  • Section 106 of the Transfer of Property Act Section 80 of Code of Civil Procedure
  • PUBLIC PREMISES EVICTION OF UNAUTHORISED OCCUPANTS ACT 1971
  • provisions of Transfer of Property Act or the Registration Act
  • Section 14(8) of the Unamended Act and Section 14(1)
  • Section 91 of the Rajasthan Land Revenue Act.
  • Section 4 and 6 of the Land Acquisition Act
  • SECTION 52 TRANSFER OF PROPERTY ACT
  • LAND ACQUISITION ACT
  • Andhra Pradesh Land Encroachment Act.
  • Section 4 of the U.P. Act 22 of 1972
  • LAND ACQUISITION ACT 1894
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Advocates
Judges
Acts
  • Section 4, 5 and 7 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1971 readwith Rule 3, 5 and 8 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Rule 1971
  • Section 80 of the Code of Civil Procedure readwith Section 106 of the Transfer of Property Act
  • Section 106 of the Transfer of Property Act readwith Section 80 of the Code of Civil Procedure
  • provisions contained in Section 6 of the Andhra Pradesh Land Encroachment Act, 1945,
  • Section 106 of the Transfer of Property Act Section 80 of Code of Civil Procedure
  • PUBLIC PREMISES EVICTION OF UNAUTHORISED OCCUPANTS ACT 1971
  • provisions of Transfer of Property Act or the Registration Act
  • Section 14(8) of the Unamended Act and Section 14(1)
  • Section 91 of the Rajasthan Land Revenue Act.
  • Section 4 and 6 of the Land Acquisition Act
  • SECTION 52 TRANSFER OF PROPERTY ACT
  • LAND ACQUISITION ACT
  • Andhra Pradesh Land Encroachment Act.
  • Section 4 of the U.P. Act 22 of 1972
  • LAND ACQUISITION ACT 1894
Smart Summary

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

The opinion analyses a dispute concerning renewal rights under historical lease deeds and challenges to summary eviction proceedings under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Key facts recited in the opinion include:

  • The original 1887 lease had a term of 50 years which ended in 1937. An option for renewal was exercised by the respondent as assignee of the original lessee.
  • A fresh deed of lease was executed belatedly on 20.2.1945 which incorporated, without reservation, all covenants, provisos and stipulations of the principal lease.
  • At the end of the term of the 1945 lease (around 1987) the lessor did not exercise its right of re-entry and the respondent purported to exercise his option for renewal; State officials recommended renewal and the State government generally renewed similar leases by issuing general orders.
  • The appellant State raised multiple pleas in the litigation: (a) that the land had been acquired so renewal could not be granted, (b) that the respondent was in breach of lease terms so not entitled to renewal, and (c) an implied contention that the option for renewal had been exhausted by prior exercise.
  • The High Court made findings on mandatory statutory procedure under the U.P. Public Premises Act and related rules, on the appropriateness of summary eviction when title is in dispute, and other factual matters such as the period of alleged unauthorized occupation and continuity of possession dating back to 1917.
  • The present opinion reviews these legal and factual determinations and dismisses the writ petition challenging the impugned order.

Legal Issues Presented

  1. Whether a covenant for renewal in a lease deed, construed in its real context, confers on the lessee a right to perpetual or successive renewals, or whether such rights require clear and unambiguous language.
  2. Whether the State can deny renewal of a lease on the ground that the land has been "acquired" under the Land Acquisition Act where the State already owns the land.
  3. Whether allegations of breach by the lessee can preclude exercise of the option for renewal where the lessor did not exercise its right of re-entry prior to the lessee exercising the renewal option.
  4. Whether a person can be evicted in a summary proceeding (under the U.P. Public Premises Act or analogous statutes) where there is a bona fide dispute as to title or the right to remain in possession.
  5. Whether issuance of a composite notice (combining notices under different provisions/sections) is permissible under Sections 4, 5 and 7 of the U.P. Public Premises Act read with the relevant Rules, and what procedure must be followed for notices under those provisions.

Arguments of the Parties

Appellant State's Arguments

  • The State contended that the land had been acquired (invoking the Land Acquisition Act) and therefore renewal of the lease could not be permitted.
  • The State alleged that the respondent was in breach of the terms of the lease, and thus not entitled to renewal.
  • The State (or petitioners) argued procedural contentions including reliance on statutory procedures and compliance matters (for example, references to Nazul Manual, various provisions of the Transfer of Property Act or the Registration Act).
  • The State's counsel also touched upon arguments concerning composite notices and the applicability of provisions such as Section 80 CPC and Section 106 Transfer of Property Act.

Respondent's Arguments

  • The respondent did not claim a perpetual lease or an unqualified right to successive renewals under the 1887 covenant for renewal; rather, the respondent exercised the option for renewal as assignee and a fresh deed (1945) was executed incorporating prior covenants.
  • The conduct of parties (including State officials recommending renewal and lack of re-entry by the lessor) supported the respondent's position that renewal was available and should be honoured.
  • Implicitly, the respondent maintained that acquisition notifications could not be used by the State to defeat renewal where the State already owned the land.

Intervenor's / Other Parties' Arguments

  • The intervenor (M/s Gomti Construction) and its counsel argued that a composite notice could have been given in view of Section 80 CPC read with Section 106 Transfer of Property Act; counsel cited State of U.P. v. D.C. Gupta and Triloki Nath Pandey decisions.
  • Counsel for petitioners/intervenor also relied on case law regarding transfer pendente lite and the effect of an intervenor's acquisition during the pendency of proceedings (doctrine of lis pendens / Section 52 Transfer of Property Act).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Secy. of State for India in Council v. A.H. Forbes Enumerated principles on renewal options: how renewal covenants operate; burdens of proof for perpetual renewal; renewal terms when unspecified. The Court expressly agreed with and approved the propositions set out in that decision and used them to explain renewal-covenant interpretive principles.
Sharda Devi v. State of Bihar The Land Acquisition Act, 1894 cannot be invoked by the Government to acquire its own property. Applied to hold that acquisition notification/declaration could not be used to deny renewal because State already owned the land; the Section 4 & 6 notifications were described as meaningless in that context.
Hindoo Pat and another v. District Judge, Hamirpur and others (1985 All LJ 438) Where question of title is involved, a person cannot be evicted in a summary proceeding. Reproduced and applied to support the proposition that eviction in summary proceedings is inappropriate where title is disputed.
Govt. of Andhra Pradesh v. Bandi Venkatarama (AIR 1982 SC 1081) Summary eviction (under the Andhra Pradesh Land Encroachment Act) cannot be used where a question of title arises; long possession raises genuine dispute. Cited to corroborate the principle that summary procedures are unsuitable for adjudicating complicated title disputes.
State of Rajasthan v. Padmavati Devi (1995 Supp. (2) SCC 290) Section 91 (Rajasthan Land Revenue Act) summary procedure cannot be invoked where bona fide dispute about right to remain in possession exists. Applied to reiterate that summary eviction is inappropriate where title and complex legal questions are raised.
Govt. of A.P. v. Thummala Krishna Rao Similar treatment of summary eviction remedies where title disputes exist (dealing with Section 6 of Andhra Pradesh Land Encroachment Act). Used as supportive authority for the limitation on summary eviction remedies when title disputes are raised.
State of U.P. v. D.C. Gupta (1983 (2) ARC 124) On composite notices and the requirement that Sections 4 and 5 should be followed separately (i.e., a notice under Section 4 followed by consideration and then Section 5). Read to show that issuance of composite notices is inappropriate under the U.P. Act when separate procedural steps are mandated.
Triloki Nath Pandey v. IIIrd Additional District and Sessions Judge, Bareilly (1999 (1) ARC 13) Upheld composite notice service in a landlord-tenant dispute under the Act No.13 of 1972; composite notice held correct where dispute was between landlord and tenant. Distinguished by the Court: Triloki Nath Pandey applies where landlord-tenant relationship exists; not applicable to proceedings exclusively covered under the U.P. Public Premises Act.
Nazir Ahmad v. King Emperor (AIR 1936 PC 253) When a statute prescribes that something be done in a certain way, that thing must be done in that way or not at all. One of several authorities cited to support the proposition that the mandatory procedures in the special U.P. Public Premises Act must be followed strictly.
Deep Chand v. State of Rajasthan (AIR 1961 SC 1527) Supports principle that statutory procedure must be followed when special enactments prescribe it. Cited among authorities to underline mandatory nature of the U.P. Act's procedural provisions.
Patna Improvement Trust v. Smt. Lakshmi Devi and others (AIR 1963 SC 1077) Authority for mandatory adherence to statutory procedure where prescribed. Included with other decisions to justify strict compliance with the special Act's procedure.
State of U.P. v. Singhara Singh and others (AIR 1964 SC 358) Part of the line of cases enforcing mandatory observance of statutory procedures. Cited as further authority establishing that special statutory procedures must be followed.
Barium Chemicals Ltd. v. Company Law Board (AIR 1967 SC 295) Illustrative authority on procedural compliance with statute (para 34A referenced). Invoked as part of the consistent set of authorities requiring adherence to statutory procedure.
Chandra Kishore Jha v. Mahavir Prasad and others Cited among authorities on statutory procedure and compliance. Used to reinforce the rule that special statutory process must be followed in eviction proceedings under the special Act.
Prabha Shankar Dubey v. State Of M.P. (1999 (8) SCC 266) Authority referenced among those emphasizing statutory procedure obligations. Cited to support the conclusion on mandatory compliance with the U.P. Act.
Delhi Administration v. Gurdip Singh Uban (2000 (7) SCC 296) Part of the line of authorities cited concerning statutory procedure. Relied upon for the same overarching proposition that prescribed statutory procedure is mandatory.
Dhanajay Reddy v. State of Karnataka (AIR 2001 SC 1512) Another authority on the need to follow statutory procedure when a statute prescribes it. Cited to reinforce the Court's view on procedural mandatory nature.
Commissioner of Income Tax, Mumbai v. Anjum M.H. Ghaswala (2002 (1) SCC 633) Cited among cases emphasizing that actions required by statute must be performed in the statutory manner. Included in the cluster of authorities supporting mandatory adherence to the U.P. Act's procedure.
Prabha Shankar Dubey v. State Of M.P. (AIR 2004 SC 486) Listed as part of authorities reiterating compulsory compliance with statute-prescribed procedure. Used to buttress the proposition regarding mandatory compliance with the special Act.
Ramphal Kundu v. Kamal Sharma (AIR 2004 SC 1657) Also cited among authorities about statutory procedural mandates. Invoked in support of the Court's conclusion on procedural requirements.
Bibi Zubaida Khatoon v. Nabi Hassan Saheb and another ((2004) 1 SCC 191) Doctrine on transfer pendente lite and that a transferee without leave is bound by the final outcome (lis pendens; Section 52 Transfer of Property Act). Applied to hold that the intervenor/transferee during pendency is bound by the present finding and lis pendens principles.
Dhurandhar Prasad Singh (as cited in Bibi Zubaida Khatoon) Authority on consequences of transfer without leave during pendency; transferee bound by result unless litigation improperly conducted. Relied upon to reinforce the proposition that alienation during litigation without leave risks being bound by the outcome.

Court's Reasoning and Analysis

The Court proceeded by first expressing agreement with an earlier Division Bench exposition of English and Indian law on renewal covenants. It approved a set of propositions regarding renewal covenants in leases, including:

  • Indian law does not prohibit perpetual leases; clear and unambiguous language is required to infer a perpetual lease; ambiguities are resolved against a finding of perpetuity.
  • A covenant for renewal must be construed by reading the deed as a whole, ascertaining the parties' intention; no clause should be read in isolation; interpretations must be reasonable and harmonious with the document's language.
  • The Court generally leans against perpetual renewal; a renewal clause subject to the same terms and conditions is construed as giving the right to renewal for a period equal to the original term, but not necessarily to successive renewals unless language clearly grants such successive rights; the burden of proof for a perpetual right lies on the claimant.

Applying these principles to the facts, the Court noted:

  • The respondent did not claim a lease in perpetuity or an unqualified right to successive renewals. The 1887 lease expired in 1937; the respondent (as assignee) exercised the renewal option and a fresh deed (1945) incorporating prior covenants was executed.
  • At the end of the 1945 lease term (around 1987) the lessor did not re-enter; the respondent exercised the renewal option; State officials recommended renewal and the State government was generally renewing similar leases. The State had not, prior to filing a counter-affidavit, taken the stand that the renewal right had been exhausted by prior exercise.
  • The State's plea that the land had been "acquired" and thus renewal could not be granted was rejected as "ridiculous" by the High Court and was not accepted by this Court; Sharda Devi was relied upon to hold that the Land Acquisition Act cannot be used by the Government to acquire its own property and thus acquisition notifications were meaningless for this purpose.
  • The breach argument (that respondent was in breach and thus not entitled to renewal) was found unsubstantiated by the High Court; further, the Court reasoned that a lessor who proposes re-entry for alleged breach but takes no re-entry steps prior to the lessee exercising renewal cannot successfully stall renewal on that ground; if re-entry is permitted by the lease, it can be exercised without regard to renewal but it must be exercised.
  • On the procedural issue of summary eviction, the Court reiterated established authority that where title is in dispute or there is a bona fide claim to litigate, summary eviction provisions cannot be invoked; several precedents (e.g., Govt. of A.P. v. Bandi Venkatarama, State of Rajasthan v. Padmavati Devi) were applied to that principle and to the present facts (long possession and admitted payment of revenue).
  • Regarding composite notices, the Court held that Sections 4, 5 and 7 of the U.P. Public Premises Act are mandatory and deal with different situations; issuance of a composite notice invoking those provisions together is not permissible. D.C. Gupta was read as indicating that notices under Section 4 and 5 must be served and processed sequentially.
  • The Court also addressed procedural sufficiency of notices: notice under Section 4 must disclose the grounds in brief and indicate the specific date and actual period of alleged unauthorized occupation so that occupants can respond effectively. In the present case, the notice's allegation of unauthorized occupation from 1 April 1979 was held incorrect given evidence of possession dating from 1917.
  • On the question of the intervenor/transferee, the Court applied the principle of lis pendens (citing Bibi Zubaida Khatoon) to hold that transfer pendente lite without leave binds the transferee by the outcome of the litigation.
  • The Court recorded specific findings (enumerated as FINDING 1–8 in the opinion) reinforcing mandatory notice procedure, disallowing composite notices under the Act, permitting occupants to adduce evidence of historic lease/title (including execution of a 1917 lease deed), and concluding that disputed title issues require regular suit procedure with recording of evidence and cross-examination rather than summary proceedings.

Holding and Implications

Holding: The Court's final disposition was to dismiss the writ petition. The core ruling can be summarized as:

DISMISSED — The writ petition is devoid of merit and is dismissed; the impugned order of the appellate Court does not call for interference. No order as to costs.

Implications and consequences:

  • Direct effect on the parties: the challenge to the appellate/impugned order fails; the respondent's position (including his ability to litigate rights based on historic lease documentation and to seek renewal) stands insofar as the High Court's findings permit; the appellant State's pleas (acquisition, exhaustion of renewal, breach) were not accepted by the Court on the present record.
  • Procedural impact: the Court reaffirmed that the U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1971 is a special statute whose mandatory procedural provisions (Sections 4, 5 and 7 and corresponding Rules) must be followed strictly; composite notices under those provisions are not permissible.
  • On eviction law: the opinion reiterates established law that summary eviction remedies cannot be used where complicated questions of title, interpretation of documents or disputed factual questions exist — such issues must be determined in a regular suit with evidence and cross-examination.
  • On transfers pendente lite: the Court applied existing doctrine that a transferee without leave is bound by the litigation outcome (lis pendens) and cited Bibi Zubaida Khatoon in that regard.
  • No elimination of or departure from precedent was made; the Court applied and reaffirmed existing principles rather than announcing novel law.

Note: This summary is strictly limited to and based on the information contained in the provided opinion excerpt.

    State Of U.P.(Nazul) v. 7Th Additional District Judge, Lucknow And Others

    , as His Lordship then was, spoke for the Division Bench makes almost an exhaustice discussion of the relevant English and Indian law available on the point and we express our respectfull agreement with the exposition of law as made therein. W note with approval the following proposition of law laid down therein: (AIR pp.332 & 334, paras 14 & 19); (i) In India, the law does not prohibit a perpetual lease; clear and unambiguous language would be required to infer such a lease. If the language is ambiguous the Court would opt for an interpretation negating the plea of the perpetual lease; (ii) To find an answer to the question whether a covenant for renewal contained in the lease deed construed properly and in its real cotext entitles the tenant to cotinew as long as he chooses by exercising the option of renewal at the end of each successive period of 5 years subject to the same terms and conditions depends on the deed of lease being read as a whole and an effort made to ascertain the intention of the pairties while entering into the contract. No single clause or term should be read in isolation so as to defeat other clauses. The interpretation must be reasonable, harmonious and be deduced from the language of the document; (iii) The Court always leans against a perpetual renewal and hence where there is a clause for renewal subject to the same terms and conditions it would be construed as giving a right to renewal for the same period as the period of the original lease, but not a right to second or third renewal and so on unless, of course, the language is clear and unambiguous. Para-16: Another illuminating decision on the point is by Sir Ashutosh Mookerjee, J., speaking for the Division Bench of the Calcutta High Court in Secy. of State for India in Council v. A.H. Forbes. The Division Bench on a review of several English decisions held: “(1) A lease, which creates a stenancy for a term of years, may yet confer on the lessee an option of renewal. (2) If the lease does not state by whom the option is exercisable, it is exercisable (as between the lessor and lessee) by the lessee only, that is to say, a covenant for renewal, if informally expressed, is enforced only in favour of the lessee. (3) The option is exercisable not merely by the lessee personally but also by his representative-in-interest. (4) If the option does not state the terms of renewal, the new lease will be for the same period and on the same terms as the original lease, in respect of all the essential conditions thereof, except as to the covenant for renewal itself. (5) There is no sort of legal presumption against a right of perpetual renewal. The burden of strict proof is imposed upon a person claiming such a right. It should be inferred from any equivocal expressions which may fairly be capable of being otherwise interpreted. The intention in that behalf should be clearly shown; otherwise, the agreement is satisfied and exhausted by a single renewal. (6) A covenant for renewal runs with the land. (7) The position of a lessee, who has been always ready and willing to accept a renewal on proper terms, is the same in equity as if a proper lease had been granted. Where the covenant for renewal was still specifically enforceable at the commencement of a suit for ejectment against the lessee, the position of the lessee in equity is the same as if it had been specifically enforced.” Para 18: We find ourselves in full agreement with the view of the law taken in the decisions cited hereinabove. It is pertinent to note that the respondent is not claiming a lease in perpetuity or right to successive renewals under the covenant for renewal contained in the 1887 lease. The term of 50 years under the 1887 lease came to an end in the year 1937 and the option for renewal was exercised by the respondent as assignee of the original lessee which exercise was honoured by the lessor State executing a fresh deed of lease belatedly on 20.2.1945. This lease deed does not set out any fresh covenants, mutually agreed upon between the parties for the purpose of renewal. Rather it incorporates, without any reservation, all the covenants, provisos and stipulations as contained in the principal lease as if they had been herein repeated in full. Not only was a fresh deed of lease executed but the conduct of the parties also shows that at the end of the term appointed by the 1945 lease i.e. in or around the year 1987, the lessor did not exercise its right of re-entry. On the other hand, the respondent exercised his option for renewal. The officials of the appellant State i.e. the Collector and the Board of Revenue, all recommended renewal and advised the State Government to expedite the renewal. The State Government was generally renewing such like leases by issuing general orders/instructions to its officers. At no point of time prior to the filing of the counter-affidavit, on the present litigation having been initiated, the State or any of its officers took a stand that the right of renewal, as contained in the principal deed of lease, having been exhausted by exercise of one option for renewal, was not available to be exercised again. Para 20: The other two pleas raised on behalf of the appellant State merit a short and summary burial. The appellant’s plea that the land having been acquired there could be no renewal of lease has been termed by the High Court as “ridiculous” and we find no reason to take a different view. Suffice it to refer to a recent decision of this Court in Sharda Devi v. State of Bihar, wherein it has been held that the Land Acquisition Act, 1894 cannot be invoked by the Government to acquire its own property. It would be an absurdity to comprehend the provisions of the Land Acquisition Act being applicable to such land wherein the ownership or the entirety of rights already vests in the State. The Notification and declaration under Section 4 and 6 of the Land Acquisition Act for acquisition of the land i.e. the site below the bungalow are meaningless. It would have been different if the State would have proposed the acquisition of the leasehold rights and/or the superstructure standing thereon, as the case may be. But that has not been done. The renewal of lease cannot be denied in the garb of so-called acquisition notification and declaration which have to be just ignored. Para 21: Lastly, it was submitted that the respondent is in breach of the terms of the lease and hence not entitled to renewal. Firstly, the High Court has held the plea taken by the appellant State not substantiated. Secondly, the exercise of option for renewal cannot be stalled on the ground that the lessor proposes to exercise the right of re-entry on account of alleged breach when no steps were taken for exercising the right of re-entry till the option for renewal was exercised by the lessee. If the lessee is in breach and the lease entitles the lessor to re-enter, that right is available to be exercised without regard to the renewal of the lease.” 65. This Court also in the case of Hindoo Pat and another v. District Judge, Hamirpur and others, reported in 1985 All LJ 438, held that where the question of title is involved a person can not be evicted in a summary proceeding. For convenience relevant portion from the case of Hindoo Pat (supra) is reproduced as under; “Para 5: In Govt. of Andhra Pradesh v. Bandi Venkatarama, AIR 1982 SC 1081, it was held that even if a person is alleged to be in unauthorized occupation of Government land, he cannot be evicted in this summary proceeding where the question of title has been raised. The Supreme Court was dealing with a case under the Andhra Pradesh Land Encroachment Act. In that Act some remedy for eviction is provided under Section 6. It was held that when a question of title of the land in dispute arose, it could not appropriately be decided in a summary proceeding as contemplated under Sections 6 and 7 of the Act and the long possession of the respondents and their predecessors in title on those plots raises a genuine dispute between them and the Government on the question of title. The facts in the present case are also akin, as the petitioners raised the question of title that the said land was sold by one Kesar Singh as far back as in the year 1958 and they are in possession since thereafter. The long possession and payment of revenue by the petitioners are not even disputed by the respondents, on the contrary, they have been admitted. In view of these facts also even this case applies with full force. In fact, under the aforesaid 1960 Act a clear provision for eviction of such a person who is said to be in possession of surplus land is provided in Section 14(8) of the Unamended Act and Section 14(1) after its amendment.” 66. In a case reported in 1995 Supp. (2) SCC 290, State of Rajasthan v. Padmavati Devi (Smt) (Dead) by LRs and others, the Apex Court again ruled that where there is bonafide dispute about right to remain in possession of a land which involved question relating to the applicability and interpretation of various laws and documents as well as investigation into disputed question of facts requiring recording of evidence then such matter can not be adjudicated in a summary proceeding like under Section 91 of the Rajasthan Land Revenue Act. For convenience relevant portion from the judgment of State of Rajasthan (supra) is reproduced as under: “As noticed earlier Section 91 of the Act prescribes a summary procedure for eviction of a person who is found to be in unauthorized occupation of Government of India. The said provisions cannot be invoked in a case where the person in occupation raises bona fide dispute about his right to remain in occupation over the land. Dealing with similar provisions contained in Section 6 of the Andhra Pradesh Land Encroachment Act, 1945, this Court in Govt. of A.P. v. Thummala Krishna Rao has laid down that the summary remedy for eviction provided by Section 6 of the said Act could be resorted to by the Government only against persons who are in unauthorized occupation of any land which is the property of the Government and if the person in occupation as a bona fide claim to litigate he could not be ejected save by the due process of law and that the summary remedy prescribed by Section 6 was not the kind of legal process which is suited to an adjudication of complicated question of title.” 67. On the question relating to issue of composite notice petitioner’s counsel Shri N.K. Seth as well as learned counsel for the intervener Shri B.K. Saxena submitted that in view of provision contained in Section 80 of the Code of Civil Procedure readwith Section 106 of the Transfer of Property Act a composite notice could have been given by the competent authority under Section 4, 5 and 7 of the Act. Shri B.K. Saxena had relied upon two judgments reported in; 1983 (2) ARC 124, State of U.P. v. D.C. Gupta and 1999(1) ARC 13, Triloki Nath Pandey v. IIIrd Additional District and Sessions Judge, Bareilly and others. The Case of State of U.P. v. D.C. Gupta relates to dispute between landlord and tenant. It was not a case where Nazul had leased out its land to a lessee as claimed by private respondents. In a case where relationship between landlord and tenant is in dispute giving of composite notice in pursuance to provision contained in Section 106 of the Transfer of Property Act readwith Section 80 of the Code of Civil Procedure has been found to be correct. However, the said principle does not seems to be applicable in a proceeding where a controversy is exclusively covered under the Act in question. Moreover careful reading of case of D.C. Gupta (supra) reveals that the provision contained in Section 4 and 5 of the Act should be followed separately i.e. by serving a separate notice that is why this Court in a case of D.C. Gupta (supra) had proceeded to observe as under: “Section 4 of the U.P. Act 22 of 1972 provides that if the Prescribed Authority either of its own motion or on an application of report received on behalf of the State Government or the corporate authority, is of opinion that any persons are in unauthorized occupation of any public premises and that they should be evicted, the prescribed Authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. Section 5 provides that if, after considering the cause, if any, shown by any person in pursuance of a notice issued under Section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity or being heard, the Prescribed Authority is satisfied that the public premises are in unauthorized occupation, the Prescribed Authority may make an order of eviction.” In view of case law cited by petitioners’ counsel as well as counsel for the intervenor also referred hereinabove it is evident that a notice under Section 5 may be issued only after considering the response submitted by unauthorized occupants in response through notice issued under Section 4. 68. The case of Triloki Nath Pandey (supra) also relates to a dispute adjudicated by this Court between landlord and tenant decided in pursuance to controversy under the Act No.13 of 1972. This Court had upheld the service of composite notice in pursuance to provision contained in Section 106 of the Transfer of Property Act Section 80 of Code of Civil Procedure as the dispute was between landlord and tenant. 69. The U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1971 is a special Act as discussed hereinabove. The provision contained therein contains a specific procedure to evict the unauthorized occupant. The provision contained in Section 4, 5 and 7 of the Act are statutory in nature. It is settled law that when in case statute wants to do certain thing in certain way then that must be done in a same way or not at all vide; Nazir Ahmad v. King Emperor, AIR 1936 PC 253: Deep Chand v. State of Rajasthan, AIR 1961 SC 1527: Patna Improvement Trust v. Smt. Lakshmi Devi and others, AIR 1963 SC 1077: State of U.P. v. Singhara Singh and other, AIR 1964 SC 358: AIR 1967 SC 295 (para 34 A) Barium Chemicals Ltd. v. Company Law Board (para 34 A): Chandra Kishore Jha v. Mahavir Prasad and others, 1999 (8) SCC 266: Delhi Administration v. Gurdip Singh Uban and others, 2000(7) SCC 296: Dhanajay Reddy v. State of Karnataka, AIR 2001 SC 1512: Commissioner of Income Tax, Mumbai v. Anjum M.H. Ghaswala and others, 2002 (1) SCC 633: Prabha Shankar Dubey v. State Of M.P., AIR 2004 SC 486 and Ramphal Kundu v. Kamal Sharma, AIR 2004 SC 1657. 70. In view of above that the Act in question being special law it shall always be incumbent upon the authorities to follow the provision contained therein while taking action to evict an unauthorized occupant. 71. So far as the argument advanced by Shri B.K. Saxena, learned counsel for the intervenor M/S Gomti Construction is concerned, admittedly a portion of land is transferred during the pendency of proceeding. The intervenor being a transferee pendente lite without leave of the Court shall be bound by a final outcome of the present writ petition. As settled by Hon’ble Supreme Court in a case reported in (2004) 1 SCC 191, Bibi Zubaida Khatoon v. Nabi Hassan Saheb and another, the petitioner who was the respondent in appeal should not have transferred a portion of property during the pendency of present proceeding. The alienation of property shall be hit by doctrine of lis pendens by operation of Section 52 of the Transfer of Property Act. Hon’ble Supreme Court in the case of Bibi Zubaida Khatoon (supra) had relied upon the earlier judgment of Apex Court and proceeded to held as under: “In the case of Dhurandhar Prasad Singh observations relevant for the purpose of these appeals read thus: (SCC pp.541-42, para 7) Where a party does not ask for leave, he takes the obvious risk that the suit may not be properly conducted by the plaintiff on record, yet he will be bound by the result of the litigation even though he is not represented at the hearing unless it is shown that the litigation was not properly conducted by the original party or he colluded with the adversary.” FINDING 1. The provision contained in Section 4, 5 and 7 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1971 readwith Rule 3, 5 and 8 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Rule 1971 are mandatory in nature. 2. The provisions contained in Section 4, 5 and 7 of the Act deals with the different situations and circumstances, hence, issuance of composite notice in pursuance to provision contained in Section 4, 5 and 7 of the Act readwith Rules discussed hereinabove is not permissible. 3. While issuing notice under Section 4, 5 and 7 of the Act it shall be incumbent upon the authorities to disclose the ground in brief so that the alleged unauthorized occupants may be able to submit categorical reply to the allegations or charges contained in the notices. 4. While deciding a controversy under the Act it shall always be incumbent upon the prescribed authority to deal with the dispute within the parameter and provisions contained in the Act and finding should be based on objective assessment of the material on record. 5. While issuing a notice under Section 4 it shall be incumbent upon the competent authority to indicate the specific date and actual period of unauthorized occupation. In the present case since initially Guru Prasad was in possession of premises in question from the year 1917 and thereafter Smt. Parvati Devi had acquired the possession on the basis of registered sale deed of the year 1943 and from the Parvati Devi the private respondents had acquired the possession, the allegation of unauthorized occupation from 1st April, 1979 as given in the notice is incorrect and bases on unfounded facts. Hence the consequential action taken on the basis of the disclosure of incorrect fact and period of alleged unauthorized occupation in the notice vitiates and shall be void. 6. The material on record indicates that at various stages the Lucknow Development Authority/Nagar Nigam had accepted that the private respondents is lessee of the premises in question. The material on record further discloses the continuous possession of premises in question by Shri Guru Prasad then Smt. Parvati Devi w/o Sri Justice Bisheshwar Nath and then her heir i.e private respondents right from 1917. 7. Though admittedly Nazul is the owner of property in question but since it has been claimed that Guru Prasad had acquired the property through lesse from Nazul department in the year 1917 it shall always be permissible for the private respondents to lead evidence to install their claim by producing primary or secondary evidence in respect to execution of original lease deed of the year 1917. For extension of lease it is not necessary that fresh lease may be executed by Nazul department. Accordingly the disputed question of fact co-relate with the title of property in question on the basis of alleged lease deed of the year 1917 which can not be adjudicated in the present summary proceeding in view of law discussed hereinabove. It requires recording of evidence cross examination of witness and production of primary or secondary evidence which can be done only in a regular suit. Question of title includes to proof the execution of lease deed. 8. So far as the argument advanced by the petitioner’s counsel relating to the compliance of provision contained in Nazul Manual, the burden of proof, plea of waiver, applicability of various provisions of Transfer of Property Act or the Registration Act are concerned they co-relate to the question of title vis a vis grant of lease to late Shri Guru Prasad in the year 1917 which can be adjudicated by the competent civil Court after recording of evidence and providing opportunity of hearing to the parties. In the absence of specific pleading in writ petition or before the prescribed authority, the argument advanced by the petitioner’s counsel are left open for the adjudication by the competent civil Court. 72. Since the portion of land was transferred to Gomti Construction during the pendency of present proceeding, the right of M/s Gomit Construction shall also be covered by present finding applying the principle of law laid down by the Apex Court in Zubeda Khatun’s case (supra). 73. In view of finding recorded hereinabove and provision of law discussed in the preceeding paras, the present writ petition does not survive and is devoid of merit. The impugned order of the appellate Court does not suffer from any impropriety or illegality and call for no interference. Subject to discussion hereinabove the writ petition is devoid of merit hence dismissed. No order as to costs. (Petition dismissed) _____________

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    State Of U.P.(Nazul) v. 7Th Additional District Judge, Lucknow And Others
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