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1982 Supreme(Bom) 142

SAWANT, SUJATA V.MANOHAR
M. Mohammed – Appellant
Versus
Union of India – Respondent


Advocates:
D.S. Parikh with R.K. Sargurch, C.C. Chhaya, N.H. Gursahani with H.H. Advani and A.A. Irani, for Appellants; B.A. Desai with L.K. Chatterjee, for Respondents.

Judgement

SAWANT, J.:- These are five appeals against the decision of the learned single Judge in five different Miscellaneous Peti­tions, under the Public Premises (Evic­tion of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act). The appellants in Appeals Nos.214 to 217 of 1979 were the members of the Defence Services and the appellants in Appeal No.207 of 1979 are the heirs and legal representatives of one M.K. Kapoor who was a member of the Defence Services. The premises which are the subject-matter of the appeals were admittedly allotted by the Central Government to these members of the Defence Services because they were in its ser­vice and on the condition that they would vacate the same after they retired from ser­vice. However, in spite of their retirement, they refused to vacate the same. Hence under the Act proceedings for evicting them were started against them before the Estate Officer. In the proceedings, they took the plea that the premises in question were not "public premises'" within the meaning of the said Act and therefore the authority under the said Act had no jurisdiction to entertain the said eviction proceedings. This plea fail­ed befo




























































































































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