Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Unauthorized Occupant - Disposal of property lying on public premises - Act authorizes Estate Officer to dispose of goods lying on public premises - It is immaterial whether said goods belong to erstwhile tenant/licensee or any other party - It is also not necessary that there should be a privity..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Disposal of property left on Public premises - Unauthorized occupants - Persons who kept their goods in public premises whether they are tenants/licensees, sub-tenants or any other parties, S.6 of the Act applies to said persons - Estate Officer u/s 6 of the Act is entitled to sell goods even of a..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 7 -- Eviction petition - Recovery of damages on account of unauthorised use and occupation of land - Private respondents are in occupation of public premises before coming into force of Act - Therefore, proceedings could not have been initiated against them under the Act for purpose of their..........
Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, Section 4, 18, Public Premises (Eviction of Unauthorised Occupants) Rules, 1971, Rule 5(2) -- Rent and eviction - In the instant case, complaint filed against petitioners regarding unauthorised occupation of shops belonging to defence - To negate charges against them, petitioner claimed to be..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- - Eviction - Unauthorized occupants - After 31.05.1995, respondents have been in gratuitous possession of land and have not paid a single penny for use thereof - Held, even equity is not in their favour - Impugned order of appellate authority liable to be set aside - Ejectment order passed by..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 9 -- Bona fide dispute of title - Jurisdiction of Civil Court - Held, having regard to limited nature of jurisdiction of Estate Officer, bona fide title disputes cannot be gone into under Public Premises Act - In such matters, jurisdiction of Civil Court is not..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 11 -- Bona fide dispute of title - Determination by Estate Officer - Applicability of principle of Res judicata - Held, Estate Officer was not competent to rule upon issues of title, or grant declaration of title to an occupant - Any determination by him would..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3(a) -- Second Proviso - Estate Officer - Appointment by Bank in respect of bank properties - Not illegal - Estate Officer appointed by concerned administrative department cannot be said to be a judge in his own cause...........
