ASSISTANT EXECUTIVE ENGINEER NO 1 MAINTENANCESUB DIVISION K R SAGARA SRIRANGAPATNATALUK Vs. B K NAGARAJU

JUDGEMENT

(1.) THOUGH this matter is listed for orders, by consent taken up for final disposal, heard and disposed of by this order.

(2.) THE revision is directed against an order of restitution passed by the Additional District Judge, Mandya, granting restitution of property to the respondent in an application-I. A. No. 3 filed by him under Section 144 read with Section 151, Civil procedure Code.

(3.) THE brief facts are these:the respondent is a licensee and he was in possession of the premises belonging to the Government running milk parlour. Even after the licence period was over, he continued in occupation of the same unauthorisedly. Hence, petition under section 5 of the Public Premises (Eviction of Unauthorised occupants) Act, 1974 ('the Act' for short) was filed. The respondent was not available for service of notice. Hence, notice was held sufficient. Thereafter, an order of eviction came to be passed by the 2nd respondent-the authority under the Act. An appeal was preferred by the respondent before the Additional district Judge, Mandya, challenging the order of eviction passed by the 2nd respondent. He filed an application to stay the order which was granted. However, possession was taken by the petitioner on the very day of the stay order issued by the District court.