K R K TALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) An interesting question arising for decision in this writ petition relates to the construction of sub-section (4) of section 9 of the Public Premises (Eviction of Unauthorised occupants) Act, 1958 [now corresponding to section 8(4) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971] which is as follows :

(2.) The petitioner Dr. K. R. K. Talwar had been allotted enG 9-6-1953 government premises at 216, Kamla Market, New Delhi. It is not clear if a lease deed signed by the petitioner and also by the authorised officer on behalf of the President of India had been executed in respect of the premises. Dr. Talwar had an assistant called Shri H. Batra who worked in the same premises. Dr. Talwar appears to have been in large amount of arrears of rent almost from the beginning of the allotment. Though he paid something, he desired that the arrears of rent should be adjusted against some verified claim which he claimed to hold as a displaced person from West Pakistan. The first order by which the petitioner felt aggrieved was passed on 12th January, 1961 (Annexure F to the writ petition) terminating the tenancy of the petitioner. The petitioner requested the authorities to withdraw the termination of his lease or cancellation of his allotment but didi not succeed. The reason for the termination or cancellation of the lease or allotment probably and firstly was the undeniable A fact that the petitioner was in arrears for a number of years and the arrears had mounted to a huge sum. Secondly, it was possible that the authorities suspected that the petitioner had parted with possession of the premises to Batra inasmuch as at one stage the petitioner requested the authorities to evict Batra from the premises.

(3.) In due course, notice to show cause why he should not be evicted from the premises was issued to the petitioner under section 4 and the eviction order was passed under section 5 by the Estate Officer after hearing the petitioner. The order of the Estate Officer dated 5-1-1965 (Annexure M to the writ petition) gave full reasons for holding that both Dr. Talwar and Shri Batra are in unauthorised occupationof the premises. The order of eviction was later passed on 11-1-1965 and served on the petitioner on 27-1-1965.