MOTILAL PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision under Section 115, CPC is directed against the order dated 31-8-2000, passed by 9th ADJ, Jabalpur in MCA No. 70/99.

(2.) GOVERNMENT Accommodation No. 378/w "p" Type, Ordnance Factory, Khamariya has been allotted to the applicant Motilal, being an employee. Vide order dated 2-11-98 (Annexure P-2), this allotment was revoked and the applicant was directed to vacate the premises within 15 days time. Since applicant failed to comply with the order aforesaid, proceedings under Section 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to the "act" for convenience) commenced against him by the Estate Officer. Notice under Section 4 (Annexure A-4) was served. Applicant did not appear before Estate Officer. Order under Section 5 of the Act accordingly was passed and applicant was served with the order (Annexure A-3 ). Being aggrieved the applicant preferred MCA No. 70/99 in the Court of 9th ADJ, Jabalpur, the appeal was dismissed vide impugned order 31-8-2000, hence this revision.

(3.) IT has been contended that on memo of appeal MCA No. 70/99 non-applicant No. 2 submitted reply (Annexure A-6) and disclosed the reason for terminating the license vide order dated 2-11-98 (Annexure A-2 ). In substance non-applicant No. 2 submitted :-