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1995 Supreme(J&K) 65

M.RAMAKRISHNA, B.A.KHAN
Dhani Ram Anand And Sons – Appellant
Versus
Indian Tourism Development Corp. , New Delhi – Respondent


Advocates Appeared:
Advocate For Appellant: S.P. Gupta

Judgement Key Points

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B.A. KHAN, J.

1. The short point that falls for consideration in this appeal is: Whether Sections 5 & 14 of the State Limitation Act, are available in computing the period of Limitation of an appeal under the Central public premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, the Central Act)?

2. It arises in this way: Appellant is a licensee of a shop in Hotel Ashok, Jammu, belonging to respondent No. 1. His license was to last for three years vide agreement dated 1-4-1983 expirable on 31-3-1986. On the expiry of his license, eviction proceedings were initiated against him by the Estates Officer under the Central Act. He reacted by filing writ petition No. 957/86 in this Court and obtained interim stay order against his evicition. This order was subsequently modified by a Division Bench of this Court providing as under: -

".... Respondent (ITDC) shall be at liberty to take possession of the shop in question from the petitioner subject to the result of writ petition in accordance with the procedure established by law..."

It appears that pursuant thereto fresh eviction proceedings were taken against the appellant and the order of eviction passed on 3-6-1988. He appealed a











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