ORDER

Challenging order dated 11.07.2018 passed by Prl.

District Judge, Udupi in Misc. Appeal no.3/2014 (Annexure-A) and order dated 03.09.2014 passed by respondent no.2 in Case no.1/2013 (Annexure-B), this writ petition is filed.

2. Dr. S Arumugham, learned counsel for petitioner submitted that Impugned orders are challenged on two grounds namely - that respondent no.1 (hereinafter referred to as 'LIC' for short) came into existence in 1956 by consolidation of various private insurance companies including petitioner's erstwhile landlord Kanara Mutual Assurance Co. Ltd., Udupi. As jural relationship of landlord and tenant existed only between Kanara Mutual Assurance Co. Ltd., and M/s Kanara Medicals, initiation of proceedings by LIC against petitioner was misconceived and illegal.

3. It is also contended that provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'PP Act' for short) which came into effect from 01.03.1971, cannot be applied to premises tenanted even prior to LIC coming into existence, by seeking to rely upon ratio laid down by Hon'ble Supreme Court in case of Suhas H. Pophale vs. Oriental Insurance Co. Ltd.1.

4. Elaborating said contentions, it was submitted that petitioner was son of late Padmanabha Avadhani, one of partners of M/s Kanara Medicals, Udupi - a registered partnership Firm, initially constituted of partners viz., Dr. K Mohandas Pai, Dr. Ramdas Pai, Vittaldasji Pai and B.Lakshminarayana Ballal. Said partnership was housed in property bearing door no.13-3-15, Court Road, Udupi-576 101. Thereafter two of partners retired by transferring their asssets and liabilities in favour of other partners. Later on, they were replaced by their wives in partnership. During year 1978, it was reconstituted and petitioner - Panduranga Avadhani was made partner. On 01.11.1985, a release deed was executed by Mrs.Leela M Pai and Mrs.Vasanthi R Pai, in favour of petitioner and all assets and liabilities of Firm stood transferred in favour of petitioner. It was claimed that on same day, a new deed of partnership was constituted by Padmanabha with his son - Panduranga. It was submitted that LIC had all through out recognized said partnership firm as its tenant and was receiving rent paid by it. On 08.09.2012, petitioner received notice of

1 (2014) 4 SCC 657

termination of tenancy with effect from 30.09.2012, on ground that part of land on which premises was constructed, was acquired for road widening and portion of building was demolished. Petitioner was called upon to deliver vacant possession of premises.

5. Thereafter, LIC filed petition under Sections 5 and 7 of PP Act on 17.12.2012. After receipt of notice of said proceedings on 07.01.2013, petitioner filed objections on

18.02.2013. Thereafter, LIC filed rejoinder on 15.03.2013. 6. Based on pleadings, respondent no.2 framed ten issues and two addl. issues at behest of petitioner. It was submitted that without providing adequate opportunity or properly considering evidence, respondent no.2 passed impugned order at Annexure-B, holding petitioner as unauthorized occupant of premises and liable to pay damages at rate of Rs.8,260/- p.m. with effect from 01.10.2012 (i.e., Rs.1,89,980/- from 01.10.2012 to 31.08.2014) with simple interest at 8% per annum, apart from electricity and water charges and cost of Rs.5,000/-.

7. Aggrieved by said order, petitioner preferred appeal before Principal District Judge, Udupi, on several substantial contentions. However, without proper appreciation, impugned order at Annexure-A was passed dismissing appeal.

Questioning said orders, writ petition was filed.

8. It was submitted that on 05.09.1939, Kanara Mutual Assurance Company was incorporated. Said company was owning Kanara Mutual Building, at Udupi. M/s Kanara Medicals - partnership firm was one of tenants of said building during year 1942. It was submitted that said tenancy was even prior to incorporation of LIC in year 1956. Therefore, tenancy w