MUNICIPAL COUNCIL PATHRI Vs. RAM

JUDGEMENT

(1.) Heard finally by making Rule returnable forthwith.

(2.) Proceedings instituted in 2007 by Petitioner Municipal Council, against Respondent Nos.1 to 24 for eviction under the Bombay Government Premises (Eviction) Act, 1955 (Eviction Act, hereafter) before Respondent No.25 are held to be without jurisdiction by the Principal District Judge, Parbhani in Misc. Civil Appeal No.66 of 2010.

(3.) Learned senior Advocate Shri Mandlik has contended that said appeal was not maintainable as it challenged only finding recorded by Respondent No.25 that proceedings were maintainable before him. In the alternate, attention is invited to order of Respondent No.25 dated 30th April, 2009 pointing out that as per notification dated 1st February, 1965 respondent No.25 has been authorised to function as a competent Officer under section 3 of Eviction Act.