GONDAL PRESS Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) IMPUGNED order of 31st May, 2011 upholds petitioner's eviction from ground floor and mezzanine floor of premises No.12/90 at Cannaught Place, New Delhi (henceforth referred to as the 'subject premises'). Respondent- a nationalized bank had purchased subject premises in an auction and the said sale was confirmed by this Court in September, 1974. As respondent- bank had required subject premises for its own bonafide personal use, tenancy of petitioner in the subject premises was terminated by a Notice of 1st November, 1983. Though proceedings for eviction of petitioner from subject premises had commenced under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in the year 1984, but they had remained stayed as petitioner had preferred writ petition before the Apex Court, which was disposed of in March, 1990. Thereafter, eviction proceedings were resumed. Estate Officer after recording the evidence produced, had passed eviction order of 27th March, 2012 which has been upheld by the Appellate Authority, whose order is under challenge in this writ petition.

(2.) THE principle contention advanced by learned senior counsel for petitioner is that eviction proceedings stands vitiated, as opportunity to lead evidence was declined to petitioner and because the subject premises had been already re-entered and that the bonafide requirement of respondent- Bank is not established.

(3.) SUBMISSIONS advanced, impugned order and the material on record has been duly considered and thereupon it transpires that Estate Officer in its order of 27th March, 2012 (Annexure-B) has framed the issues while passing the order which at first glance, appears to be somewhat incongruous but when eviction order (Annexure-B) is read as it is, then it becomes apparent that use of terminology 'issues' has been inappropriately used whereas what was formulated by the Estate Officer in eviction order (Annexure-B) is the points of determination. Therefore, on this account neither the eviction order (Annexure-B) nor the impugned order (Annexure-A) can be faulted with.