( 1 ) BEING aggrieved and dissatisfied by the judgment and order dated 20-9-1989 passed by the Joint District Judge Rajkot in an appeal fled under Sec. 9 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act 1972 (hereinafter referred to as the Act) the petitioner has filed this Special Civil Application under Art. 227 of the Constitution of India.

( 2 ) MR. Shah learned Advocate appearing on behalf of the peti- tioner vehemently submitted as under: (1) Notice under Sec. 4 of the Act is value because it is not specially stated that the petitioner was in possession of a parti-cular room of the specified premises. (2) Eviction order is passed only against the petitioner and not against the original allottee. Prabhakar Badheka and the petitioner is 8 tenant of the original allottee. Prabhakar Badheka. The order passed against him is collusive. (3) In December 1988 the premises ceased to be a public premises. As per the scheme of hire purchase the premises were allowed in the year 118 and all the instalments were required to be paid on or before December 1388 Hence after December 1988 the premises cease to be a public premises and therefore the order is