A V GEORGE Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Appellants are the tenants in a building owned by the Punjab National Bank, a body corporate, constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Appellants approached the trial court with suits seeking prohibitory injunction decree against the respondent from forcefully evicting them from the buildings other than by taking recourse to the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, the BRC Act) . The trial court considered the question of maintainability of the suits as preliminary point and found that by virtue of the provisions in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (in short, the Act of 1971) the suits are not maintainable. Hence, both the suits were dismissed by a common judgment.

(2.) Aggrieved by the findings, the appellants went in separate appeals before the First Additional Sub Judge, Thrissur. Learned Sub Judge, after considering the submissions made, dismissed the appeals confirming the findings of the trial Judge. Hence, the plaintiffs are before this Court in the second appeals.

(3.) Heard the learned counsel for the appellants and the learned counsel for the respondent Bank.