..., whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred t...‘Public Premises Act’), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions...of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the ‘Rent Control Act’). In short, the question is...

...petitioner under the provisions of the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (hereinafter referred to as the Act), and not to evict him from the...possession had been open, hostile, uninterrupted and continuous and thus he had acquired title by prescription. He also pleaded that the premises were not public premises within the meaning of the Act and...hence the Collector did not have the jurisdiction. 3. The Collector, vide order Annexure P-8, without indicating how the premises were assumed to be 'public premises', passed the impugned order. The petitio...

...”), are applicable in respect of public premises owned by a corporation such as the first respondent, Life Insurance Corporation of India (“LIC”, in short) which is otherwise covered by the provisions of the Public ...(hereinafter referred to as “the Public Premises Act”).Short facts leading to this appeal...the interim rent. The respondents in their turn challenged the jurisdiction of the Small Cause Court to entertain the proceeding, and contended that the suit premises were public premises covered under the Public ...

...vacate, action was initiated in the year 2002, under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (“the Public Premises Act”, for short) for evicting him. The said Ramakrishn...guidelines issued by the Central Government (in regard to initiation of proceedings for eviction under the Public Premises Act), and if on such review, the Bank came to the conclusion that the...Resolution dated 30-5-2002 (gazetted on 8-6-2002). The guidelines read as under:“2. To prevent arbitrary use of powers to evict genuine tenants from public premises and to limit the use of powers by ...

.... Ltd. (2014) 4 SCC 657 to which one of us (H.L Gokhale, J.) was a party. Mr Andhyarujina has submitted that this judgment clearly lays down that the Public Premises (Eviction of Unauthorised Occupants) Act, 1971..., nor can the action under the Public Premises Act be said to be valid. He pointed out that NRC Ltd. has been a tenant of this property since about 1946. Subsequently, the building wherein its premises...has held that the Public Premises Act and the State Rent Control Act were both referable to the Concurrent List, and would be valid in their spheres, but the Public Premises Act will prev...

...required under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as “the Public Premises Act”) on 14-3-1984 and again on 27-3-1984. The respo...civil court and the action should be taken under the Transfer of Property Rules. The Estate Officer rejected that submission holding that the Public Premises Act was a special Act and it will override the...provisions of the Rent Control Act.6. The appeal against the order of the Estate Officer filed under Section 9 of the Public Premises Act was dismissed by the District...

...S.B Sinha, J.— Leave granted.Introduction2. Who should begin to lead evidence in a proceeding under the Public Premises (Eviction of Unauthorised Occupant...Estate Officer having satisfied itself that the respondent tenant was in unauthorised occupation of the public premises, it was for the tenant to establish that his occupation is authorised....eviction of any person who is in unauthorised occupation of any public premises. Public premises has been defined in Section 2(e) to mean any premises belonging to, or taken on lease by any corporation est...

...Act and, therefore, action was initiated under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for short ‘the Act’ for eviction of the appellant from unauthorised...Act is that it confers power on Estate Officer to issue notice to persons who are in unauthorised occupation of any public premises to show cause why an order of eviction should not be made. ‘Unauthorised occupation’ under ...contention in paragraphs 68 and 69 of its judgment and held that the scope of the provisions of the Public Premises Act cannot be cut down on the basis of the apprehension that the corporations like the...

...jurisdiction also cannot be sustained. He also referred to the fact that subsequently the respondent/plaintiff had issued a notice under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) ..., hereinafter called “the Public Premises Act, 1975”. Even under the Public Premises Act, 1975, the suits are barred. On that basis, learned...specifically barred. Under the Public Premises Act, 1975 filing of suit is barred under Sec. 15, and under Sec. 18, the provisions of the Rent Control Act, 1960 also shall not...

...Respondent No. 2 herein under Sub- section (2) Section 5-A of the Public Premises (Eviction of unauthorized Occupants) Act 1971, the same being without jurisdiction...mandamus or any other appropriate writ, order or direction declaring that the property Dahlia Bank on Survey no. 157, Landour Cantt, is not Public Premises under the Public Premises (Eviction of unauthorized ...that the impugned decision is a notice under sub-section (2) of Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Public Premises ...

....4. Mr Raval submits that the appellant had raised the point of not being covered under the Public Premises Act, 1971 at all stages. He has drawn our attention to the order passed...a party, this Court has held that the Public Premises Act cannot be applied to the premises where the occupants have come in possession thereof, prior to the application of the Act i.e prior to 16-9...under the Public Premises Act, and had subsequently dropped that plea. They had then relied upon the guidelines and, therefore, the plea, which is sought to be raised at a second stage, cannot be allowed...

...Section 9 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as 'the Public ...months were not paid by them, they were liable to be evicted under Section 4(i)(a) of the Public Premises Act. An officer on Special Duty was appointed by a notification...dt. September 12, 1974 issued under the provisions of the Public Premises Act, as Competent Officer. He issued notices under Section 4 of the Public...

...cannot have any semblance of right by prescription. It is rather unfortunate that the State filed a suit for possession. They should have resorted to summary eviction under the Public Premises Act etc...Order1. We do not find any justification warranting interference in this matter. Admittedly, notification under Section 4(1) of the Land Acquisition Act (for short, ‘the...Act’) was published on 29-1-1957 and thereafter the owner sold the properties to the petitioners on 11-6-1957 and 22-8-1958. Declaration under Section 6 was published on 14-8-1958. Thus, it could be...

...of the plaintiff was unauthorized, proceedings under the Public Premises Act ought to have been initiated, therefore, decree was subject to the orders passed in the proceedings under the...U.P Public Premises Act. Mr. A.S Rawat, learned Addl. Advocate General further contends that eviction order was passed in Public Premises Act and in execution thereof po...the petitioner under the Public Premises Act, therefore, decree dated 08.09.1995 still protects possession of the petitioner.4. Be as the case may be. As to whether plaintiff/petitioner...

...have commenced prior to the year 1940.2. The Gram Panchayat, village Bajida Jattan, filed a petition against the petitioner under the provisions of the Public Premises and Land (Eviction and Rent Rec...(hereinafter referred to as the Public Premises Act), for ejectment from the said land. In the ejectment petition, the Gram Panchayat claimed to...petition filed by the Gram Panchayat, village Bajida Jattan, under the provisions of the Public Premises Act, was not maintainable, and that, a petition for ejectment with the...

...notice dated 27.08.2012, issued by the Estate Officer, Meerut under sub Section 2 of Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (from...herein after referred to as the “Public Premises Act”. Evidently the petitioner approached this Court against a show-cause notice issued against him under sub-Section 2 of Section 5A of...the Public Premises Act. A reply to this show cause notice has already been given by the petitioner before the Estate Officer.5. It appears that there is a protracted...

...regarding the applicability of the U.P Public Premises (Eviction of Unauthorised Occupants) Act, 1972 to the land possessed by the respondents, more particularly, the lands vested in or entrusted to the...Fasli. The High Court has allowed the writ petitions by these two judgments holding that such lands would not be covered within the definition of “public premises” under the U.P Public Premises (Eviction of Unautho...(hereinafter called “the Public Premises Act”, for short).4. Basically the question boils down as to whether the lands which are...

...Section 2 (e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, the Public Premises Act). 2. It is contended by the ...under the provisions of the Public 3Premises Act, thereby terminating tenancy of the petitioner. By the notice of termination, possession of the suit premises was also demanded. As the petitioner did...not respond positively to the notice, respondent no. 2 initiated proceedings for eviction of the petitioner from the suit premises under the provisions of the Public Premises Act. The...

...the order passed by the learned Collector as affirmed by the Commissioner under the provisions of Punjab Public Premises Act.The contention of the petitioner...was that the orders passed by the authorities under the Punjab Public Premises Act, were nullity as the petitioner was not in unauthorized possession of the properties as...under the Public Premises Act that the premises in question is governed under the Rent Act and not under the Public Premises Act. The plaintiff could well challenge the order pas...