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1990 Supreme(SC) 412

S. C. AGRAWAL, SABYASACHI MUKHARJEE, M. H. KANIA, K. N. SAIKIA, B. C. RAY
Ashoka Marketing LTD. : Sahu Jain Services LTD. : K. B. Parsai: Bennett Coleman And Company LTD. – Appellant
Versus
Punjab National Bank: Punjab National Bank: Union Of India: Life Insurance Corporation Of India – Respondent


Advocates:
A.K.GANGULY, A.K.SRIVASTAVA, AMAN VACHHER, Atul Nanda, EMS Anam, G.L.SANGHI, K.K.VENUGOPAL, KAILASH VASUDEV, KAPIL SIBAL, P.R.SITHARAMAN, S.C.GUPTA, S.GANESH RAO, S.K.MEHTA, S.R.SHRIVASTAVA, SOLI J.SORABJI, SUSHMA SURI, YOGESHAR PRASAD

JUDGMENT

S.C. AGRAWAL, J.:—The common question which arises for consideration in these appeals, by special ledve, and the writ petition filed under Article 32 of the Constitution is, whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises(Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Public Premises Act), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Rent Control Act). In short, the question is, whether the provisions of the Public Premises Act would override the provisions of the Rent Control Act in relation to premises which fall within the ambit of both the enactments.

2. Civil Appeals Nos.2368 and 2369 of 1986 relate to the premises which are part of a building situated at 5 Parliament Street, New Delhi. The said building originally belonged to Punjab National Bank Ltd., a banking company. Ashoka Marketing Ltd.





















































































































































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