UNION OF INDIA Vs. BAL ERECTORS

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Munsif and Judicial Magistrate, Begun, Camp Rawat-bhhta on 14. 1. 88, whereby he has decided issue Nos. 5 and 6 against the petitioner. Hence the present revision petition.

(2.) THE brief facts are that the respondent was contractor of the Union of India in the Atomic Energy Station at Rawatbhata. He was allotted one Quarter in the premises of the Atomic Energy Station at Rawatbhata for necessary com-pletion of the work. A letter dated December 20, 1985 was issued by the peti-tioner No. 3, Chief Administrative Officer, Atomic Power Station, Rawatbhata, directing him to vacate the premises. Against this order a suit was filed by respondent M/s Bal Erectors, in the court of Munsif and Judicial Magistrate, Begun, along with an application under Order 39 Rule 1 and 2 C. P. C, praying for an interim injunction against respondent, not to dispossess him from the premises in question. A reply was filed by the petitioners and they submitted that since these are Public premises, therefore, the civil court has no jurisdiction by virtue of S. 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act of 1971' ). Preliminary issues were framed, issue No. 5 and 6 reads as under: *****

(3.) LEARNED counsel submits that since notice was issued to the plaintiff-respondent that he should vacate the premises, as such his continuation after that notice has become unauthorised. LEARNED counsel submitted that the public premises has been defined in s. 2 (c) of the Act which is as under: " 2. Definitions,- In this Act, unless the context otherwise requires,- (a ). . . . . (b ). . . . . (c) "premises means any land or any building or part of a building and includes,- (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building, and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. " Unauthorised occupation has been defined in s. 2 (g) of the Act which reads as under: ''2 (g) "unauthorised occupation", in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the pre-mises has expired or has been determined for any reason whatsoever. "