V.C. Daga, J.

.1. The un-successful Defendants in a suit, suffering from a decree of eviction from the suit premises, are the Petitioners herein.

.BACKGROUND FACTS:

2. Thefactual background of the dispute lies in a narrow compass and it is this:

3. The suit had been filed on 16th February, 1978 by the Plaintiffs/Respondents herein against the Original Defendant, being the Predecessors of the Petitioners under Section 41 of the Presidency Small Cause Courts Act, 1882 inter alia; seeking decree for eviction from the suit premises, arrears of compensation and mesne profits.

4. The suit was decreed on 2nd December, 1988. The Appeal against the said decree preferred by the Petitioners being Appeal No.40 of 1989 was dismissed on 22nd February, 1991. This judgment and decree is a subject matter of challenge in this Writ Petition filed under Article 227 of the Constitution of India.

5. During the pendency of the suit, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short the " Public Premises Eviction Act") came to be amended by the Act of 61 of 1980 effective from 20th December, 1980 with the result, the suit premises came to be included in the definition of "public premises" under Section 2(e)(v) of the said Act.

.6. The solitary contention raised by the Petitioners in the Petition is that in view of the provisions of the said Public Premises Eviction Act the Court of Presidency Small Cause had lost its jurisdiction to try the suit. The reliance has been placed on Section 1(3) and Section 15 of the said Act. In other words, though the premises was within the sweep of the Presidency Small Cause Courts Act, 1882 on the date of the institution of the suit, since the law has changed after the institution of the suit providing for special remedy for eviction from the suit premises, the Court of Small Cause had lost its jurisdiction to decide the said Lis.

.THE ISSUE

7. In viewof the above contention, the main issue involved in this Petition pertains to the jurisdiction of the Court of Small Causes under Section 41 of the Presidency Small Cause Courts Act, 1882 with respect to the eviction of a tenant from Y "public premises" STATUTORY PROVISIONS:

8. Before proceeding to recapitulate the oral as well as written submissions made by the rival parties to support their respective contentions, it is necessary to turn to the relevant statutory provisions of law in this regard. . Section 2(e)2(v), 5, 13 and 15 of the said Act read as under: 2(e) "public premises" means - 2(v) any Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963).

5. Eviction of unauthorised occupants: (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under Section 4 and [any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub-section (2) of Section 4], the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.(2) If any person refuses or fails to comply with the order of eviction [on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later], the estate officer or any other officer duly authorised by the estate officer in this behalf [may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person] from, and take possession of the public premises and may, for that purpose, use such force as may be necessary.

13. Liability of heirs and legal representatives; (1) Where any person again