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1995 Supreme(SC) 101

S.B.MAJMUDAR, S.MOHAN
Naresh Kumar – Appellant
Versus
Vith Additional Sessions Judge, Varanasi – Respondent


ORDER

1. The short facts relating to civil appeal are as under : The 5th respondent, Union of India (Eastern Railway) owns a cinema building forming part of the civil appeal which is situated in Mughal Sarai. It has an auditorium and other equipments used for films for the entertainment of railway officers and employees. The management of the club building including auditorium, machinery etc. had been entrusted by the 5th respondent (Eastern Railway Administration) to the 3rd respondent (the Railway Cinema Club) in the year 1982. The auditorium of railway cinema was hired to in favour of the appellant for a period of 5 years for screening feature films. On expiry of this period the 2nd respondent, the estate officer, Eastern Railway, Mughal Sarai initiated proceedings for the eviction of the appellant that on expiry of the contract period he had become an unauthorised occupant. The proceedings were taken under the Public Premises (Eviction of Unauthorised Occupants) Act of 1971, hereinafter referred to as the Act. The estate officer directed eviction after observing due procedure under Section 5 of the Act. Aggrieved by that order of eviction an appeal was preferred to the first res










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