CANTONMENT BOARD, RANIKHET DISTRICT ALMORA THROUGH ITS EXECUTIVE OFFICER Vs. CIVIL JUDGE, ALMORA AND OTHERS

JUDGEMENT

(1.) This is transferred case from Allahabad.

(2.) None appeared for the petitioner. Heard Mr. Vikas Pande i/b Mr. V.B.S. Negi, Advocate, for the respondent No. 2.

(3.) By the impugned order, the eviction under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 passed by the Cantonment Board has been set aside by the Civil Judge, Almora under Sec. 9 of the Act. The Appellate Court has recorded finding that the provisions of Sec. 4 of the Act have not been complied with and the respondent was non-unauthorized occupant. Further notice issued to the respondent was not in accordance with the requirement of Sec. 4 of the said Act. The tenancy has also not been terminated.