WESTERN COALFIELDS LTD Vs. BALLAPUR COLLIERIES COMPANY

JUDGEMENT

(1.) These appeals are filed against the common final judgment and order dated 22.01.2007 passedby the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Civil Revision Application Nos. 801 & 803 of 2002 whereby the High Court allowed the revision petitions filed by respondent Nos. 1-8 herein.

(2.) The proceedings in question which are subject matter of these appeals arise out of initiation of eviction proceedings by the appellants- Government of India Company against the respondents under the provisions of the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 (hereinafter referred to as "the Act") in relation to the suit property.

(3.) By impugned order, the High Court in the revision petitions filed by respondent Nos. 1-8 herein under Section 9 of the Act against the order of the District Judge allowed the revision petitions and held that having regard to the nature of controversy and factual issues raised by the parties against each other in the eviction proceedings, the proper remedy of the appellants would be to file a civil suit against the respondents for their eviction from the suit properties rather than to take recourse to the summary remedy of eviction under the Act before the Estate Officer.