SHALIMAR PAINTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are questioning the order of the appellate officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 dated June 3rd, 2002 dismissing their appeal and confirming the order of the estate officer under Section 5 of that Act dated March 28th, 2000 ordering their eviction from the public premises concerned. The first petitioner was enjoying a tenancy under the respondent port trust with respect to a godown space.

(2.) The tenancy was admittedly governed by the provisions of the Transfer of Property Act, 1882. By notice dated February 14th, 1990 the port trust terminated the tenancy. The termination was to take effect on the expiration of the month of March 1990. The first petitioner was called upon to quit the premises. It was mentioned in the notice that on its failure to comply with the demand, appropriate steps for eviction would be taken in accordance with law.

(3.) Questioning that notice dated February 14th, 1990 the first petitioner and one of its shareholders jointly moved this Court by filing a writ petition (Matter No. 2339 of 1990). They prayed for an order quashing that notice dated February 14th, 1990. By order dated July 3rd, 1990 that writ petition was disposed of holding that since the notice dated February 14th, 1990 was a notice under Section 106 of the Transfer of Property Act, 1882, on the basis thereof the port trust would not be entitled to evict the first petitioner from the premises concerned.