PUTHAN VEETI VASUDEVAN Vs. AIR INDIA

JUDGEMENT

(1.) This Special Civil application is preferred against the order of the learned Principal Judge, Bombay City Civil Court, passed on 26th September, 1975 in Misc. Appeal No. 49 of 1975. A few facts may be stated.

(2.) It appears that on 20th/21st February, 1975 a notice was issued to the petitioner before me under sub-section (1) of section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. By this notice he was called upon to show cause on or before 25th February, 1975 against the proposed order which was viz., why an order of eviction should not be made in respect of the flat mentioned in the Schedule. Instead of showing cause the petitioner filed an application dated 25th February, 1975 for staying further proceedings before the Estate Officer, Air India, in view of the pending suit in Bombay City Civil Court. Mr. Morje submitted that this was an application under section 10 of the Civil Procedure Code and/or section 151 of the said Code. Ultimately on 27th May, 1975 an intimation was given to the petitioner by the Estate Officer that the hearing had been fixed on 8th June, 1975 when the petitioner was requested to appear in person or through a duly authorised representative; he was also given an opportunity by the said intimation that he was entitled to and may lead evidence, documentary or otherwise, on that day. The petitioner was informed that if he failed to appear on the specified date, the matter might be taken up ex parte.

(3.) Mr. Morje submitted that inasmuch as the application of the petitioner dated 25th February, 1975 is mentioned in the said intimation and since his request for stay has not been acceded to, the intimation given to the petitioner that the date of hearing fixed was 8th June, 1975 must be deemed to be an order against which an appeal lies to the Principal Judge in view of the provisions contained in section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.