UNION OF INDIA Vs. BANDRA GAS SERVICE

JUDGEMENT

(1.) Heard Mr. Desai, learned counsel for the Applicants, and Mr. Sanglikar, learned Senior Counsel, for the Respondents.

(2.) This Revision Application takes an exception to the Judgment and Order dated 19th October 2013 passed by the learned Judge of the Bombay City Civil Court at Fort, Greater Bombay, in Short Cause Suit No.612 of 2010, thereby overruling the objection raised by the Applicants to the jurisdiction of the Civil Court to entertain the Suit, in view of the bar created under Sections 10 and 15 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and holding that the Civil Court has jurisdiction to entertain the Suit.

(3.) The Applicants herein are the owners of the premises, which are given to the Respondents on licence basis, by virtue of an 'Agreement' dated 11th December 1975. Admittedly, the premises are 'public premises' within the meaning of Section 2(e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, (for short, "Public Premises Eviction Act"). By the notice dated 22nd December 2009, the Applicants terminated the license by giving one month's notice and called upon the Respondents to handover peaceful and vacant possession thereof to the Applicants within one month from 1 st January 2010. It was further informed that, on failure of the Respondents to vacate the premises within the stipulated period, the Respondents will be treated as 'unauthorized occupants', after the expiry of the said period, and Applicants shall then initiate the action of eviction, as per the provisions of the Public Premises Eviction Act.