Case Note & Summary
The petitioner, Shri Prashant Vinodkumar Bansal, filed a Writ Petition under Article 227 of the Constitution of India challenging the judgment and order dated 15th January 2018 passed by the District Judge-9, Pune, in Civil Appeal No.607 of 2011. The appeal had been filed by the petitioner against an order dated 26th August 2010 passed by the Estate Officer under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in respect of suit property bearing Survey No.289, admeasuring 5.54 R, at Village Wagholi, Taluka Haveli, District Pune. The petitioner claimed that the property originally belonged to one Chandar Krushnaji Dhole. By a registered Sale Deed dated 17th August 1996, the petitioner conveyed the property to Mr. Vitthal Laxmanrao Tambe, who in turn conveyed it to Mr. Jitendra Bhatewara and four others. Subsequently, Mr. Jitendra Bhatewara sold the property to Respondent No.3 by registered Sale Deed dated 24th August 2001. Respondent No.3 filed Regular Civil Suit No.1715 of 2001 for injunction against Respondent No.1 (the Estate Officer). During the pendency of the suit, Respondent No.3 conveyed the property to Respondent No.2 by registered Sale Deed dated 12th April 2005. The suit was dismissed on merits. The Estate Officer passed an eviction order against the petitioner, treating him as an unauthorized occupant. The petitioner challenged this order in appeal, which was dismissed by the District Judge. The High Court, after hearing the parties, allowed the writ petition, setting aside the eviction order and the appellate judgment, holding that the petitioner's possession was lawful and not unauthorized.
Headnote
A) Public Premises Eviction - Title and Possession - Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - The Estate Officer must determine if the occupant is an 'unauthorized occupant' before ordering eviction. Where the petitioner claims title through a chain of registered sale deeds and mutation entries, the Estate Officer cannot summarily evict without adjudicating the title dispute. Held that the eviction order was set aside as the petitioner's possession was lawful and not unauthorized (Paras 1-4).
Issue of Consideration
Whether the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, can pass an eviction order against a person who claims title and possession through registered sale deeds and mutation entries, without properly adjudicating the question of title.
Final Decision
The High Court allowed the writ petition, setting aside the judgment and order dated 15th January 2018 passed by the District Judge-9, Pune, in Civil Appeal No.607 of 2011, and the order dated 26th August 2010 passed by the Estate Officer under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The court held that the petitioner's possession was lawful and not unauthorized.
Law Points
- Public Premises (Eviction of Unauthorized Occupants) Act
- 1971
- Section 5-A(2)
- Article 227 of the Constitution of India
- Title by registered sale deed
- Mutation entry as evidence of possession
- Summary eviction proceedings
- Burden of proof on estate officer
Case Details
Writ Petition No.1631 of 2018
Dr. Shalini Phansalkar-Joshi, J.
Mr. Girish Godbole, Senior Counsel, i/by Mr. Sumit Kothari, for the Petitioner; Mr. Suresh Kumar, a/w. Mr. Dhanesh R. Shah, for Respondent No.1
Shri Prashant Vinodkumar Bansal
1. The Estate Officer, Air Force Station, Lohgaon, Pune; 2. Shri Arun Krishna Jadhav; 3. Shri Bhupendra Kewalchand Jain
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging the judgment and order of the District Judge in a civil appeal arising from an eviction order under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Remedy Sought
The petitioner sought to quash and set aside the eviction order dated 26th August 2010 passed by the Estate Officer and the appellate judgment dated 15th January 2018 passed by the District Judge-9, Pune.
Filing Reason
The petitioner claimed that he was the lawful owner and possessor of the suit property through a chain of registered sale deeds and mutation entries, and that the Estate Officer wrongly treated him as an unauthorized occupant and ordered eviction.
Previous Decisions
The Estate Officer passed an eviction order under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 on 26th August 2010. The petitioner's appeal against that order was dismissed by the District Judge-9, Pune, on 15th January 2018.
Issues
Whether the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, can pass an eviction order against a person who claims title and possession through registered sale deeds and mutation entries, without properly adjudicating the question of title.
Whether the appellate court erred in dismissing the appeal without considering the petitioner's lawful title and possession.
Submissions/Arguments
The petitioner argued that he had acquired lawful title and possession through a chain of registered sale deeds and mutation entries, and therefore he was not an 'unauthorized occupant' under the Act.
Respondent No.1 (Estate Officer) contended that the petitioner was an unauthorized occupant and the eviction order was validly passed.
Ratio Decidendi
The Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, must determine whether the occupant is an 'unauthorized occupant' before ordering eviction. Where the petitioner claims title through a chain of registered sale deeds and mutation entries, the Estate Officer cannot summarily evict without adjudicating the title dispute. The eviction order was set aside as the petitioner's possession was lawful.
Judgment Excerpts
By this Writ Petition, preferred under Article 227 of the Constitution of India, the Petitioner is challenging the Judgment and Order dated 15th January 2018 passed by the District Judge-9, Pune, in Civil Appeal No.607 of 2011, filed by the Petitioner challenging the order dated 26th August 2010 passed by the Estate Officer, under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in respect of the suit property...
As per the case of the Petitioner, the said property was originally belonging to one Chandar Krushnaji Dhole. By virtue of the registered Sale Deed dated 17th August 1996, Petitioner has conveyed the said property and handed over possession of the same to one Mr. Vitthal Laxmanrao Tambe.
Procedural History
The Estate Officer passed an eviction order under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 on 26th August 2010. The petitioner filed Civil Appeal No.607 of 2011 before the District Judge-9, Pune, which was dismissed on 15th January 2018. The petitioner then filed the present Writ Petition under Article 227 of the Constitution of India before the Bombay High Court.
Acts & Sections
- Public Premises (Eviction of Unauthorized Occupants) Act, 1971: Section 5-A(2)
- Constitution of India: Article 227
