VIKRAM NATH, SANDEEP MEHTA, N. V. ANJARIA
Life Insurance Corporation of India – Appellant
Versus
Vita – Respondent
| Table of Content |
|---|
| 1. conflicting judgments led to referral for adjudication. (Para 1) |
| 2. question of applicability of pp act vs state rent control. (Para 2) |
| 3. facts of the lead matter of appeal and tenancy details. (Para 3) |
| 4. arguments on the inconsistency between judgments and applicability. (Para 4) |
| 5. overview of provisions and meanings under pp act 1971. (Para 5) |
| 6. reiterating and contrasting propositions set out in prior judgments. (Para 6 , 7) |
| 7. positions of law established and principles emphasized in judgments. (Para 12 , 13) |
| 8. final conclusion and response to the reference. (Para 14) |
JUDGMENT :
N.V. ANJARIA, J.
1. In view of two conflicting judgments on the aspect of overriding applicability of the Public Premises (Eviction of Unauthorised Occupants) Act, 19711 [PP Act 1971] as against State Rent Control Legislations, a two-Judge Bench of this Court passed order dated 17.03.2015 in Special Leave to Appeal (Civil) No. 35859 of 2014, [now Civil Appeal No. 2638 of 2023] along with other Special Leave Petitions (Civil) Nos. 6677 of 2015 and 4112 of 2015, referring the matters for adjudication by a three-Judge Bench.
1.1 The referral order dated 17.03.2015, aforementioned, reads as und
Suhas H. Pophale vs. Oriental Insurance Company Limited and its Estate Officer
Ashoka Marketing Ltd. and Another vs. Punjab National Bank and Others
Shri Ram Narain vs. Simla Banking and Industrial Co. Limited
M/s. Jain Ink Manufacturing Company vs. Life Insurance Corporation of India and Another
Ashoka Mktg. Ltd. v. Punjab National Bank, (1990) 4 SCC 406 [Para 7.2, 8.1
General Manager, Telecom vs. A. Srinivasa Rao and Others
Sub-Divisional Inspector of Post vs. Theyyam Joseph
Bangalore Water Supply and Sewerage Board vs. A. Rajappa
Bombay Telephone Canteen Employees' Assn. vs. Union of India
The provisions of the Public Premises Act, 1971 prevail over State Rent Control Legislations concerning unauthorized occupants, irrespective of when tenancies were created.
The Rent Act does not protect tenants of public premises once the Public Premises Act applies, affirming eviction rights under the latter.
Public Premises - Eviction - Section 15 of the Public Premises Act, the Civil Court has no jurisdiction to entertain a suit for eviction.
The Estate Officer has jurisdiction to entertain eviction petitions from local authorities against original lessees, despite claims of protection under rent control laws.
Tenancy rights under a Will cannot override specific contractual terms prohibiting assignment without consent, rendering unauthorized occupation invalid under the Public Premises Act.
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