STATE OF GUJARAT Vs. KULSHANMA YUSUFBHAI

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 3. 4. 02 passed by the learned District Judge, Junagadh in Regular Civil Appeal No. 120/91. The issues arise out of proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter to be referred to as "the said Act" ). Apparently, the respondent and earlier his ancestors have been occupying the premises in question which was given to them in the year 1930's by the then ruler of Junagadh State as rent-free accommodation. Learned AGP, however, points out that the State became owner of the said premises and through resolution dated 16th April 1951 of the Government of Saurashtra, it was decided that under such circumstances, one-fourth of the standard rent otherwise payable under BCSR should be collected from such occupants. There is nothing on record to suggest that this resolution was brought to the notice of the respondent or that any rent in writing was demanded from him.

(2.) THE respondent was sought to be evicted primarily on two grounds, firstly that he had not paid rent and secondly that the building was in dilapidated condition requiring urgent repair. The Competent Authority under the said Act by his order dated 16. 6. 01 granted eviction order upon which the respondent appealed to the District Court. The learned District Judge by his impugned order allowed the appeal and set aside the order of eviction primarily holding that no material whatsoever has been produced on record to show that the building was in dilapidated condition requiring urgent repair.

(3.) LEARNED AGP for the State submitted that the respondent had not paid the rent and was thus in unauthorized occupation. He also submitted that the respondent himself had written to the Government suggesting that the building requires urgent repair work.