Court : Kolkata
Reported in : (1992)2CALLT492(HC)
..... notice of 15.1.87, the estate manager served a notice on 11.4.88 asking the writ petitioner to show cause under section 4(1) of the public premises (eviction of unauthorised occupants) act 1971. the said show cause notice is also under challenge.6. mr. p. k. roy appearing for the writ petitioner, has said ..... reported in : [1990]3scr649 and has submitted on the basis thereof that the act has now been authoritatively pronounced as a permissible constitutional procedure enabling quick summary eviction of unauthorised occupants by the concerned authorities. there can be no dispute with such submission of mr. majumdar.8. mr. roy has submitted that though the ..... also relied upon the case of manton company reported in : air1982cal461 . mr. majumdar appropriately submitted on the basis thereof that upon service of a notice of eviction and upon expiry of the time limited thereby, the occupant becomes an unauthorised occupant immediately upon such expiry. this point has a value in this case. the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN1
..... in the case of lee and muihead v. port trust (supra), a learned single judge was dealing with a writ application filed by a licensee under the public premises (eviction of unauthorised occupants) act, 1971 who complained that although in the year 1982, a notice under section 4 of the act was served, the landlord abandoned the ..... a benevolent and good charitable samaritan. the felt need for expending or stimulating its own activities or other activities in the public interest having once arisen, the state need not hold its hands from seeking eviction of its lessee; however, the supreme court held, the state cannot be seen to be indulging in rack-renting, ..... question that falls for determination in this mandamus appeal is whether a landlord of a premises where the tenancy is governed by the west bengal premises tenancy act can file a writ application against his tenant who is a statutory corporation doing public utility services and can be termed as 'state' within the meaning of article 12 .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR426; [1999(81)FLR900]
..... quarters belonging to the petitioner. i am not expressing any opinion on the merits of the rival contentions which may be available in the proceedings under the public premises (eviction of unauthorised occupants) act, 1971 or any other law for the time being in force. for examining the legality and validity of the impugned orders, ..... with the right of the employer to get back possession of the service quarter for which the employer has adequate remedy under the ordinary law, including the public premises (eviction of unauthorised occupants) act, 1971 ramjilal sharma's case specifically deal with the right of the employee to receive gratuity under the payment of gratuity act ..... on the provision's of the sections 13 and 14 of the gratuity act, it was held that if the petitioner had any other remedy under the public premises (eviction of unauthorised occupants) act, 1971 for getting vacant possession of the service quarters from the employees, the petitioner was free to pursue the said remedy in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom364
..... recovery of possession or of the arrears of rent from tenant and handing over the same to the landlord is performed by the civil courts. under the public premises (eviction of unauthorised occupants) act 1958, that function is given to the authorities under the said act. but except this difference there was no difference in particular ..... court in new delhi municipal committee v. kalu ram, : air1976sc1637 . in that case the supreme court was required to construe the word 'payable' used in the public premises (eviction of unauthorised occupants) act 1958. before appreciating the ratio of the said judgment, it is necessary to bear in mind that in that case the entire machinery for ..... arrears of rent by the defendants. the plaintiff, therefore, filed, in august, 1978. suit no. 223/78, out of which the present petition arises, for the eviction of the defendants. the grounds urged were threefold, viz.:(i) that the defendants were in arrears of rent for a period exceeding six months; (ii) that the .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(4)KarLJ274
..... is only the tribunal which has jurisdiction and not any other civil court. the order is obviously a total misunderstanding of the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 as also the provisions of wakf act, 1995.9. in the circumstances, this writ petition is allowed. the order ..... not to any other tribunal or judicial officer, it is submitted that the action taken in respect of wakf property is under the provisions of karnataka public premises (eviction of unauthorised occupants) act, and the appeal also lies under this act and therefore, the provisions of wakf act particularly sections 83 and 85 ..... initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the provisions of karnataka public premises (eviction of unauthorised occupants) act, 1974 (hereinafter referred to as the 'act'). the competent officer after receipt of the complaint issued .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2452
..... is only the tribunal which has jurisdiction and not any other civil court. the order is obviously a total misunderstanding of the provisions of the karnataka public premises (evictions of unauthorised occupants) act, 1974 as also the provisions of wakf act, 1995.9. in the circumstances, this writ petition is allowed. the order ..... not to any other tribunal or judicial officer. it is submitted that the action taken in respect of wakf property is under the provisions of karnataka public premises (evictions of unauthorised occupants) act, and the appeal also lies under this act and therefore, the provisions of wakf act particularly sections 83 and 85 of ..... the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the petitioner for evicting that tenant under the provisions of karnataka public premises (evictions of un-authorized occupants) act, 1974 (hereinafter referred to as act). the competent officer after receipt of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD103
..... constable in the police force. the petitioner subsequently retired and was asked to vacate the premises so allotted. a notice in form-a dated 7-5-1988 under the provisions of the a.p. public premises eviction of unauthorised occupants act (herein after referred to as 'the act') was issued by ..... the additional commissioner of police, who was then holding additional charge of deputy commissioner of police, administration-cum-estate officer (for short 'the dcp-administration'). it is not disputed that dcp-administration was the estate officer appointed for purposes ofthe act in respect of the premises ..... (administration). further, it is contended that the petitioner has expended lot of expenditure for renovating, repairing and altering the premises in question and hence, he cannot be evicted now and he isentitled to occupy as long as he is ready and willing to pay the rent. the learned .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC1791
..... 295 sq. meter and she is liable to pay damages on the basis of that living area. if she fails to pay damages, a suit under u.p. public premises (eviction of unauthorised occupants) act, 1972 shall be filed. by letter dated 16-10-1998, the petitioner was again informed that she is liable to pay rs. 88,500 ..... been clearly indicated that 'no dues' certificate to the treasury, to release pension and gratuity of the petitioner, could be issued only after she had vacated the government premises and the amount due against her is adjusted from the gratuity.19. it, therefore, follows that the entire pensionary benefits of the petitioner was withheld simply because she ..... 1994) 6 supreme court cases 589, it has been held that death-cum-retirement gratuity could not be withheld merely because the employee had not vacated the allotted premises during the course of his employment and claim for damages for unauthorised occupation is pending if that is so the interest could be awarded on the delayed payment .....
Tag this Judgment!Court : Delhi
Reported in : 117(2005)DLT258; 2005(80)DRJ67
..... december, 2002 passed by shri raghubir singh, addl. district judge dismissing petitioner's appeal against the order of eviction passed under the public premises (eviction of unauthorised occupants) act, 1971 dated 16th november, 2002. the order of eviction was passed on account of sub-letting of part of quarter no. t-12/2, uri enclave, delhi ..... cantt. to one havaldar ramesh malik and his family. the order of eviction also referred to some additional unauthorised construction ..... mechanical manner, ignoring the glaring infirmities and defects pointed out by the petitioner/ appellant in the inspection report. the plea of the petitioner is that premises had not been sublet to any havaldar ramesh malik. petitioner claims that he did not even know him. it is urged that inspection report has .....
Tag this Judgment!Court : Delhi
Reported in : 1987(12)DRJ170
..... legal notice under section 80 civil procedure code . according to the petitioner no action was taken thereon but on 16th march, 1973 a notice under section 4(1) of the public premises (eviction of unauthorised occupants) act, 1971 was sent to the petitioner. in the said notice it was, inter alia, stated that the petitioner was in unauthorised possession of the ..... in question and that he should show cause as to why he should not be evicted.(7) on the receipt of the aforesaid notice, the petitioner sent a notice terminating the tenancy of curewel (india) limited who/was asked to vacate the premises and hand over the possession to the petitioner. on 26/7/1972 the petitioner ..... wrote to the respondent informing it that a notice terminating the tenancy had been served on the tenant and that the petitioner will also be taking steps for the eviction of the said tenant under the .....
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