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1993 Supreme(Del) 562

K.RAMASWAMY, N.P.SINGH
JIWAN DAS – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA. – Respondent


K. Ramaswamy

( 1 ) THE appellant was inducted in 1949 as a tenant on the ground floor admeasuring 408 sq. ft. of the premises known as Bharat Building at 8, Darya Ganj, Delhi OP a monthly tenancy at a rent of Rs. 15. 00 excluding electricity and water charges. Notice was issued to the appellant determining the tenancy of the T. P. A. and, thereafter, action was initiated u/s. 5 (1) of the Public Premises (E of U. O.) Act, 1971 (for short the Act ) for eviction of the appellant from unauthorised occupation. The appellant filed W. P. in Delhi High Court. The D B. summarily dismissed it on 28. 10. 83. Thus this appeal, by special leave.

( 2 ) SHRI R. K. Jain, learned Senior counsel for appellant contends that the respondent- Corporation being a public authority, before initiating the action u/s. 5 of the Act is enjoined to assign reasons which must be just and germane for the purpose of its exercise and its reasonabless must be tested on the touchstone of Art. 14 of the Constitution. He further contends that unless the public authority justifies its action taken u/s. 5 (1) of the Act before determining the tenancy u/s. 106 of the T. P. Act, it is violative of Art. 14 of the Constituti




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