SYNDICATE BANK Vs. RAMACHANDRAN PILLAI

JUDGEMENT

(1.) Heard. Leave granted.

(2.) The Appellant-Bank is the owner of a shop premises forming part of a property purchased by its predecessor on 24.7.1961. One Ramakrishna Pillai (of whom the Respondents are the legal representatives) was the tenant in occupation of the said premises and he regularly paid the rent for the shop till the year 1997. In the year 1998, the Appellant issued a notice terminating the monthly tenancy and called upon the said Ramakrishna Pillai to vacate the premises. As the said Ramkrishna Pillai failed to vacate, action was initiated in the year 2002, under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 ('Public Premises Act' for short) for evicting him. The said Ramakrishna Pillai died and the Respondents who are his legal representatives, contested the proceedings. The Estate Officer by order dated 3.10.2005 directed eviction. The order of eviction was affirmed by the Appellate Authority by order dated 19.8.2006. On further challenge by way of a revision petition by the Respondents, the High Court passed the impugned order dated 16.12.2009 allowing the revision and setting aside the order of eviction. The High Court directed the Bank to reconsider and review the case of Respondents as required by the 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 Respondents were not entitled to the benefits of the guidelines, then initiate fresh action for eviction. The said order is under challenge in this appeal by special leave.

(3.) The Central Government has issued "Guidelines to prevent arbitrary use of powers to evict genuine tenants from public premises under the control of public sector undertakings/financial institutions" vide resolution dated 30.5.2002 (gazetted on 8.6.2002). The guidelines read as under: