ATMA RAM PROPERTIES P LTD Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petitioner is a perpetual lessee of premises bearing Office No. 2, First Floor and Servant Quarter 113 and 115, Atma Ram Mansion (Scindia House), Connaught Circus, Janpath, New Delhi which was given on lease to respondent No.1, a nationalised bank. The petitioner terminated the lease vide a legal notice dated 17.8.1991 issued under Section 106 of the Transfer of Property Act. The notice was replied to by respondent No.1, the bank on 8.9.1991 alleging that the premises in question are covered by the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'the PP Act') and claiming that the provisions of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Rent Act') are not applicable. Respondent No.1 thus refused to vacate the premises.

(2.) The petitioner thereafter issued a notice dated 13.9.1991 to respondent No.2, Secretary, Ministry of Finance asking for the appointment of an Estate Officer under Section 3 of the PP Act in view of the fact that respondent No.1 was an unauthorized occupant of the public premises so that the petitioner could seek eviction from the premises. It was stated that the Rent Controller would have no jurisdiction and in view of the bar contained under Section 15 of the PP Act, the civil court would also not entertain a suit or proceedings for eviction. There is no reply to the said notice and the petitioner has thereafter filed the present writ petition seeking appointment of such an Estate Officer.

(3.) Learned counsel for the petitioner referred to the provisions of Section 2(e) of the PP Act which defines a public premises. The said provision is as under: