UNION OF INDIA Vs. MANTON COMPANY LTD

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution at the instance of Union of India (hereinafter referred to as the petitioner) and it arises out of a proceeding for eviction under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act of 1971).

(2.) On September 19, 1963, the petitioner purchased premises Nos. 13, 13/1, 13/2 and 13/3, Old Court House Street and Nos. 1. 2 and 2/1, Mangoe Lane, Calcutta. The opposite party herein M/s. Manton Company Ltd. (hereinafter referred to as the opposite party) who was a tenant in occupation of premises Nos. 1, 2 and 2/1', Mangoe Lane and portions of premises Nos. 13, 13/1, 13/2 and 13/3. Old Court House Street, since before such purchase by the petitioner became a tenant under the petitioner on attornment,

(3.) By a notice to quit dated April 22, 1964, the petitioner determined the tenancy in favour of the opposite party with the expiry of the month of May 1964 and called upon the opposite party to quit, vacate and deliver peaceful possession of the premises in their occupation. The opposite party having failed to comply with the notice, the petitioner on June 10, 1964, started a proceeding for eviction under the provisions of Public Premises, (Eviction of Unauthorised Occupants) Act, 1958. The opposite party challenged the said proceeding in a writ petition which ultimately succeded when that Act of 1958 was struck down on the ground that its provisions were violative of Article 14 of the Constitution. It was so held on the authority of the Supreme Court decision in the case of Northern India Caterer v. State of Punjab, . The judgment of this court.