The main legal point established in the judgment is that the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 prevails over the H.P. Urban Rent Control Act, 1987 in cases of eviction from public premises.

Kuldip Singh, J.

1. This appeal is directed against the judgment, decree dated 26.3.2004, passed by learned District Judge, Bilaspur, H.P., in Civil Appeal No. 92 of 2001 setting aside the judgment, decree dated 19.3.2001 passed by learned Senior Sub Judge, Bilaspur in case No. 74-1 of 1998.

2. The facts, in brief, are that the appellant filed a suit for declaration that the order dated 24.6.1991 passed by Collector Sadar, Sub Division, Bilaspur and order dated 12.3.1997 passed by Divisional Commissioner, Mandi are void and not binding on appellant inasmuch as the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short 'Public Premises Act') is not applicable, the appellant is a tenant in the suit premises. A decree for permanent prohibitory injunction restraining the respondents from interfering in possession of the appellant has also been prayed. In case appellant is dispossessed from the suit premises during the pendency of the suit then possession may also be ordered to be restored to the respondents.

3. The further facts are that appellant is a tenant under respondents of the front portion of the premises i.e., Shop No. 50-A since 1978 on the ground floor. The respondents started eviction proceedings against the appellant under the Public Premises Act and the Collector Sadar, Sub Division, Bilaspur on 24.6.1991 passed the ejectment order against the appellant. The appeal filed by the appellant was dismissed by Divisional Commissioner, Mandi on 12.3.1997. According to appellant, the H.P. Urban Rent Control Act, 1987 (for short 'Rent Act') has precedence over the Public Premises Act and the orders dated 24.6.1991 and 12.3.1997 are null and void and not binding on the appellant. According to the appellant, the premises in dispute is not public premises under the Public Premises Act. The respondents filed written statement and took preliminary objections of maintainability of the suit, jurisdiction of the civil Court to entertain the suit, the matter regarding the status of the appellant has been decided under the Public Premises Act, therefore, no injunction can be granted and the suit has not been properly instituted. On merits, relationship of landlord and tenant has been denied, Tt has been submitted that appellant is in unauthorized occupation of the premises since 1.7.1987 as its lease has expired on 30.6.1987. The passing of the orders by Collector, Sadar and Divisional Commissioner has been admitted. It has been submitted that up to July 1998 an amount of Rs. 85,423.20 on account of arrears of rent/damages and interest as per decisions of Collector, Sadar and Divisional Commissioner are due to respondents from appellant. The Rent Act is not applicable. The learned Senior Sub Judge on 19.3.2001 decreed the suit by holding that appellant is a tenant in the premises and the impugned orders are wrong and illegal. The respondents filed appeal against the decision dated 19.3.2001 which has been allowed by learned District Judge by impugned judgment, decree, which have been assailed by the appellant in this Court. The appeal has been admitted on the following substantial question of law:

Whether the provisions of H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 or the provisions of H.P. Urban Rent Control Act, 1987 would apply to the premises in dispute?

4. I have heard the learned Counsel for the parties and gone through the record. The learned Counsel for the appellant has submitted that the appellant is a tenant under the respondents and its tenancy is governed by the Rent Act, per contra, the learned Counsel for the respondents has submitted that appellant is an unauthorized occupant in the premises, the lease has expired on 30.6.1987 and since 1.7.1987 the appellant is an unauthorized occupant in the premises. The occupation of appellant in the premises is governed by the Public Premises Act.

5. The 'Public Premises' has been defined in Clause (e) of Section 2 of Public Prem