ASHOKA MARKETING LTD. AND ANR. ETC. ETC. v. PUNJAB NATIONAL BANK AND ORS. ETC. ETC

Citation: [1990] 3 S.C.R. 649

Court: Supreme Court of India

Bench: SABYASACHI MUKHERJI, B.C. RAY, M.H. KANIA, K.N. SAIKIA, S.C. AGRAWAL

Case summary

The appellant filed a writ petition under Article 226of \ -- ·~ > the Constitution, wherein he challenged the validity of the order passed by the Estate Officer. Rent Control Act were dismissed by the Additional Rent Controller, Delhi, by orders dated August 6, 1979.

Judgment text

The Judgment of the Court was delivered by S. C. AGRAWAL, J. The common question which arises fo1 consideration in these appeals, by special leave, and the writ petition filed under Article 32 of the Constitution is, whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Public Premises Act'), and whose tenancy has expired or has beeen terminated, can be evicted from the said premises as being a person in unauthorised-occupation of the premises under the provisions of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Rent Control Act'). ~-. In short, the question is, whether the provisions of the Public Premises Act would override the provisions of the Rent Control Act in relation to premises which fall within the ambit of both the enactments.

Civil Appeals Nos. 2368 and 2369 of 1986 relate to the premises which are part of a building situated at 5 Parliament Street, New Delhi. The said building originally belonged to Punjab National Bank Ltd. , a banking company. Ashoka Marketing Ltd. (Appellate No. 1in Civil Appeal No. 2368 of 1986) and Mis Sahu Jain Services Ltd. (Appellant No. 1 in Civil Appeal No. 2369 of 1986) were tenants of premises located in the said building since July 1st, 1958. As a result of the enactment of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (herei11after referred to as the 'Banks Nationalisation Act'), the undertaking of the Punjab National Bank Ltd. , was transferred and vested in Punjab National Bank a body corporate constituted under the provisions of the said Act and the aforesaid appellants became the tenants of Punjab National Bank.

By notices dated May 18, 1971 issued under Section 106 of the Transfer of Property Act, the tenancies of both the appellants were terminated by Punjab National Bank, with effect from, November, 39, 1971. Thereafter, the said Bank initiated proceedings under the Rent Control Act against both the appellants. in those proeeedings an objection was raised by the said appellants that proceedings for eviction under the Rent Control Act were not maintainable in view of the provisions contained in the Public Premises Act. During the pendency of the said proceedings under the Rent Control Act, proceedings were initiated by the Estate Officer against the appellants under the provisions of the Public Premises Act and while the said proceedings under Public Premises Act were pending the earlier proceedings initiated under the .. ,-·· Rent Control Act were dismissed by the Additional Rent Controller, Delhi, by orders dated August 6, 1979.

In-the proceecfings, under the Public Premises Act, the Estate Officer passed orders for eviction again. st the appellants and the appeals filed by the appellants against the said orders of the Estate Officer were dismissed by the Additional District Judge, Delhi. The appellants filed writ petitions under Article 226 of the Constitution, in the Delhi High Court. The said writ petitions were dismissed by the High Court by orders dated May 30, 1986. Aggrieved by the said orders of the High Court, the appellants have filed these appeals after obtaining special leave to appeal. Civil Appeal No. 3725 of 1986 relates to an office room in the Allahabad Bank Building situated at 17, Parliament Street, New Delhi. The said building belongs to Allahabad Bank, a body corporate constituted under the provisions of the Banks Nationalisation Act. The said premises were let out to Pt. K. B. Parsai, the apl'ellant in this appeal, for a period of three years with effect from, February 1, 1982.

After the expiry of the said period eviction proceedings under the provisions of the Public Premises Act were initiated to evict the appellant and in those proceedings the Estate Officer passed an order dated March 29, 1986. The appellant filed a writ petition under Article 226of \ -- ·~ > the Constitution, wherein he challenged the validity of the order passed by the Estate Officer. The said writ petition was dismissed by the Delhi High Court by order dated August 7, 1986. The appellant has filed this appeal against the said decision of the Delhi High Court after obtaining SpecialLeave to Appeal. Writ Petition No. 864 of 1985, relates to premises in the building, located at 10, Darya Ganj, New Delhi. The said building originally belonged to Bharat Insurance Company Limited, as Insurance Company which was carrying on life insurance business. M/s Bennett Coleman & Co. Ltd. , (petitioner No.

1 in the writ petition) was in occupation of a part of the said property as a tenant under Mis Bharat Insurance Co. Ltd. since 1948. The life insurance business was nationalised under the Life Insurance Corporation Act, 1956 whereby the Life Insurance Corporation was established and the life insurance business carried on by the various insurance companies, including M/s Bharat Insurance Company Ltd. , was nationalised and vested in the Life Insurance Corporation. As a result petitioner No. 1 became a tenant of the Life Insurance Corporation. The Life Insurance Corporation gave a notice under Section 106 of the Transfer of Property Act terminating a tenancy of petitioner No. 1with effect from, August 31, 1953 and thereafter proceedings for eviction were initiated against petitioner No. 1 under the provisions of the Public Premises Act and notices dated December 15, 1984 were issued by the Estate Officer under Section 4( 1) and Section 7(3) of the Public Premises Act.

Feeling aggrieved by these notices the petitioners have filed the writ petition. Before we proceed to deal with the submissions of the learned counsel for the appellants in the appeals and for the petitioners in the writ petition (hereinafter referred to as 'the petitioners') it would be relevant to advert to the legislative history of Public Premises Act. The Public Premises Act was preceded by two such enactments. The first enactments was the Government Premises (Eviction) Act, 1950 (hereinafter referred to as 'the 1950 Act') which was enacted by Parliament to provide for the eviction of certain persons from Government premises and for certain matters connected therewith. It was confined, in its application, to premises (a building or a part of a building) belonging to or taken on lease or requisitioned by the Cent- ral Government and it empowered the competent authority to evict a person in unauthorised occupation of such premises after issuing a notice to such person.

The 1950 Act did not define the expression "unauthorised occupation" and it also did not prescribe the procedure to be followed by the competent authority before passing the order of eviction. There was a provision for appeal to the Central Government against the order of the competent authority. The 1950 Act was declared as unconstitutional by the Calcutta High Court (in Jagu Singh v. M. Shaukat Ali, 58 Cal. WN 1066) and by the Punjab High Court (in Satish Chander & Anr. v. Delhi Improvement Trust, Etc. , AIR 1958 Punjab 1) on the ground that it imposed unreasonable restriction on the right of the citizens to acquire, hold and dispose of property guaranteed under Article 19(1)(f) of the Constitution, and by the Allahabad High Court (in Brigade Commander, Meerut Sub Area v. Ganga Prasad, AIR 1956 All. 507) on the ground that it was violative -. __. ,I. of the rights to equality guaranteed under Article 14 of the Constitution.

Thereupon Parliament enacted the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (hereinafter referred to as 'the 1958 Act'). In the 1958 Act, the definition of Public Premises was enlarged to include, in relation to the Union Territory of Delhi, premises belonging to Municipal Corporation of Delhi, or any municipal ~-· · committee or notified area committee am! premises . belonging to Delhi Development Authority. In the 1958 Act, the expression "unauthorised occupation" was defined. It also laid down the procedure to be followed by the Estate Officer for evicting a person in unauthorised occupation of public premises and it made provision for filing an appeal against every order of the Estate Officer before the District Judge or such other Judicial Officer in that district of not less than ten years standing as the District Judge may designate in that behalf. In Northern India Caterers Private Limitedv. The State ofPunjab &Anr.

, [1967] 3 SCR 399 Section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 was held to be yoid by this Court on the ground that the said provision conferred an additional remedy over and above the remedy by way of suit and that by providing two alternative remedies to the Government and in leaving it to the unguided discretion of the Collector to resort to one or the other a11d to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under Section 5, the said provision was violative of Article 14 of the Constitution. The provisions contained in the Punjab Act were similar to those contained in the 1958 Act.

Keeping in view the decision of this Court in Northern India Caterers Private Limited's case (supra); Parliament eancted Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1968 whereby the 1958 Act was amended and Section lOE was introduced and a bar was created to the jurisdiction of civil court to entertain any suit or proceeding in respect of eviction of any person in unauthorised occupation of any public premises or the recovery of the arrears of the rent or damages payable under the provisions of the 1958 Act. The Delhi High Court (in P. L. Mehra etc. v. D. R. Khanna, etc. , AIR 1971Delhi1) held that whole of the 1958 Act was void under Article 15(2) being violative of the provisions of Article 14 of the Constitution and the amendment of 1968 was ineffective. This led to the enactment of the Public Premises Act by Parliament in 1971. It was brought into effect from 16th September, 1958, the date on which the 1958 Act came into force.

The provisions of the Public Premises Act are similar to those contained in the 1958 Act. The definition of 'public premises' contained in Section 2(e) of the Public Premises Act has been widened so as to include premises belonging to or taken on lease by or on behalf of a company, as defined in Section 3 of the Companies Act, 1956, in which not less than fifty one per cent of the paid-up capital is held by the Central Government as well as premises belonging to or taken on lease by or on behalf of any corporation (not being a company, as defined in Section 3 of the Companies Act in 1956, or a local authority) established by or under a Central Act and owned and controlled by the Central Government. It contains certain additional provisions, providing for offences and penalities (Section 11), liability of heirs and representatives (Section 13) recovery of rent etc. as an arrear of land revenue (Section 14) and bar of jurisdiction of Courtc (Section lS).

The validity of the Public Premises Act was upheld by this Court in Hari Singh & Ors. v. The Military Estate Officer &Anr. , [1973] l SCR SlS. The Public Premises Act was amended in 1980 by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980, whereby the definition of 'public premises' in Section 2(e) was amended to include premises belonging to or taken on lease by or on behalf of certain autonomous and statutory organisations, viz. , any University established or incorporated by any Central Act, any Institute incorporated by the Institutes of Technology Act, 1961, any Board of Trustees constituted under the major Port Trusts Act, 1963, and the Bhakra Management Board and as well as premises belonging to or taken on lease by any Company which is subsidiary of a Company as defined in Section 3 of the Comnames Act, 19S6 in which not less than fifty one· per cent of the pa1a-up capital is held by the Central Government.

By the said Amending Act of 1980, the total period taken in eviction proceedings was also sought to be curtailed by reducing the period for showing cause against notice of eviction, the period within which an unauthorised occupant should vacate the premises after eviction order has been passed and the period for filing an appeal against the order of an Estate Officer. By the said Amending Act of 1980 provisions were also made, by inserting Sections 5A, SB and SC, to deal with the squatting or spreading of goods on or against or in front of any public premises and removal of unauthorised constructions or encroachments on public premises. The Public Premises Act was further amended in 1984 by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1984 whereby ceitai:> further amendments were made to provide for increased penalties ana ~ ASHOKA MARKETING v, . P. N. B. (AGnAV'-. \L, J. ] f! 61 making the offences under the Act cognisabte and to enable th. e Estat~ }\ ~__,.

(. Officers to exercise their powers under the. Act effectively. As stated in the preamble, the Public Premises Adi has been enacted to provide for the eviction of unauthorised occupants from public premises and, for certain incidental matters. In Section 2, various expressions have been defined.

The definitions of the following expressions which are of relevance are reproduced as under: "(c) "Premises" means any land or any building or part of a building and includes- (i) the garden, grounds and out houses, if any, appertaining to such building or part of a building, and (ii) any fitting affixed-to such building or part of a building for the more beneficial enjoyment thereof;" "(e) "Public Premises" means- (1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the Central Government, and includes any such premises which have been placed by that Government, whether before or after the commencement ' of the Public Premises (Eviction of Unauthorised Occupants) Amendment act, 1980 under the· control of Secretariat of either House of Parliament for providing residential accommodation to any member of the staff of that Secretariat; \ (2) any premises belonging to, or taken on lease by, or on F' >-behalfof,- (i) any company as defined in $ection 3 of the Companies Act, 1956 ( 1 of 1956) in which not less than fifty one per cent of the paid-up share capital is held by the Central Government or any Company which is a subsidiary.

(within the meaning of the Act) of the first mentioned company, (ii) any corporation (not being a company as defined in Section 3 of the Companies Act, 1956 ( 1 of 1956), or a local authority) established by or under a Central Act and owned or controlled by the Central Government, (iii) any University established or incorporated by any Centrnl Act, :....... _~ (iv) any Institute incorporated by the Institutes of Technology Act, 1961 (59 of 1961); (v) any Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963); (vi) the Bhakra Management Board constituted under Section 79 of the Punjab Reorganisation Act, 1966 (31of1966) and that Board as and when renamed as the Bhakra-Beas Management Board under Sub-section (6) of Section 80 of the Act; and (3) m relation to the Union Territory of Delhi- (i) any premises belonging to the Municipal Corporation of Delhi, or any municipal committee or notified area committee.

and (ii) any premises belonging to the Delhi Development Authority, whether such premises are in the possession of, or leased out by the said Authority. " ¥ "(g) "Unauthorised Occupation", in relation to any public premises, means tne occupation by any person of the public premises without authority for such occupation, and includes the continuance by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been expired for any reason whatsoever. " Section 3 makes provision for appointment by Central Government of gazetted officer of Government or officers of equal rank of the stawtory authority as Estate Officers.

Section 4 relates to issue of show cause against order of eviction and provides as under: "(1) If the Estate Officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the Estate Officer shall issue in the manner hereinafter provided a notice in writing calling ASHOKA MARKETING v. P. N. B. [AGRAWAL, l. ] 663 upon all persons concerned to show cause why an order of - _,. {. __ eviction should not be made. (2) The notice shall- (a) specify the grounds on which the order of eviction is proposed to be made; and .. _.

,- (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,- (i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof; and (ii) to appear before the Estate Officer on the date specified in the notice alongwith the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired. (3) The Estate Officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises and in such other E' manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

(4) Where the Estate Officer knows or has reasons to a believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub- ~·· section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other maner as may be prescribed. " Section 5 relates to eviction of unauthorised occupants and provides as under: ,. _"' "(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under Section 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub- section (2) of Section 4, the estate officer is satisfied that .

"'- occupation of public premises is unauthorised, the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises. (2) If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (lJ whichever is later, the estate officer of any other officer duly authorised by the estate officer in this behalf may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from, and take possession of the public premises and may, for that purpose, use such force as may be necessary.

" Section 5A provides for removal of unauthorised constructions/structures or fixtures, cattle or other animal from public premises. Section 5B deals with demolition of unauthorised constructions. Section SC empowers the Estate Officer to seal unauthorised constructions. Section 6 provides for disposal of property left on public premises by unauthorised occupants. Section 7 empowers the Estate Officer to require payment of rent or damages on account of use and occupation of public premises alongwith interest by the person found in unauthorised occupation. Section 8 lays down that an Estate Officer shall, for the purpose of holding any inquiry under the Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, - 1908, when trying to suit in respect of certain matters, viz. summoning ·'"'· and enforcing the attendance of any person and examining H. im on oath, requiring discovery and production of documents; and any other matter which may be prescribed.

Section 9 provides for an appeal from every order of the Estate Officer in respect of any public premises passed under Sections 5, 5B, SC and 7 to an appellate officer who shall be a district judge of the district in which the public premises are situated or such other judicial officer in the district of not less than ten years' standing as the district judge may designate in this behalf. It also prescribes the period of limitation for filing such appeals and also lays down that the appeal shall be disposed of by the appellate officer as expeditiously as possible. Sections 10 attaches finality to the orders ASHOKA MARKETING v. P. N. B. ! AGRAWAL, J. I 665 ~ _;k.

made by an Estate Officer or appellate officer and provides that the - ~aid orders shall not be called in qustions in any original snit application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act. Section J1 provides for offences and penalties and Section 1lA lays cl. own tnat the offences under Section 11 would be treated as cognizable offences under the Code of Criminal Procedure, 1973.

Section 15 relates to bar -f-· of jurisdiction and it provides as under: "No court shall have jurisdiction to enterain any suit or proceeding in respect of- (a) the eviction of any person who is in unauthorised occupation of any such public premises, or (b) the removal of any building, structure of fixture or goods, cattle or other animal from any puhlic premises under Section 5-A, or (C) the demolition of any building or other structure made, or ordered to be made, under Section 5B, or (cc) the sealing of any erection or work or of any public premises under Section 5-C, (d) the arrears of rent payable under sub-section (1) of Section 7 or damages payable under sub-section (2), or interest payable under sub-section (2-A) of that section, (e) the recovery of- (i) costs of removal of any building, structure or fixture or goods, cattle or other animal under Section 5-A, or (ii) expenses of demolition under Section 5-B, or (iii) costs awarded to the Central Government or statutory authority under sub-section (5) of Section 9, or (iv) any portion of such rent, damages, cost of removal, expenses of demolition or costs awarded to the Central Government or the statutory authority.

" In exercise of the powers conferred by Section 18 of the Public ..... __~ Premises Act, the Central Government has made the Public Premises (Eviction of Unauthorised Occupants) Rule, 1971 (hereinafter referred to as the 'Public Premises Rules'). Rule 5 of said Rules relates to holding of inquiries and Rule 9 relates to procedure in appeals. We will first deal with the contentions urged by the foamed counsel for the petitioners with regard to the scope of the definition of the expression 'Public Premises' contained in Section 2(e) and 'unau- -~ thorised occupation', contained in Section 2(g) of the Public Premises Act. As mentioned earlier, the appeals relate to premises belonging to nationalised Banks, viz. Punjab National Bank and Allahabad Bank, constituted under the provisions of the Banks Nationalisation Act.

It has been urged by Shri Yogeshwer Prasad, that the premises belonging to a nationalised bank do not fall within the ambit of the definition of 'Public Premises' contained in Section 2(e) of the Public Premises Act, for the reason that nationalised bank is not a company as defined in Section 3 of the Companies Act, 1956 and it is also not a corporation established by or under a Central Act. The submission of the learned counsel for the respondent banks is that the nationalised bank is a corporation established by a Central Act, viz. the Banks Nationalisation Act, and the premises belonging to a nationalised Ybank are 'public premises' under Section 2(e)(2)(ii) of the Public Premises Act. The question which, therefore, requires to be considered is whether a nationalised bank is a coporation established by or under a Central Act and is owned or controlled by the Central Government. .

J The nationalised banks have been established under the Banks Nationalisation Act, wherein the nationalised banks have been described as 'corresponding new bank'. In sub-section (i) of Section 3 of the Banks Nationalisation Act, it has been provided that on the ~ commencement of the said Act, there shall be constituted such corresponding new banks as are specified in the First Schedule. In subsection (2) of Section 3, it is laid down that the paid-up capital of every corresponding new bank constituted under sub-section (1) shall, until any provision is made in this behalf in any scheme made under Section 9, be equal to the paid-up capital of the existing bank in relation to _,,.. __, which it is the corresponding new bank. Sub-section(3) of Section 3 provides that the entire capital of the new bank shall stand vested in, and allotted to the Central Government.

Sub-section (4) of Section 3 lays down that every corresponding new bank shall be a body corpo- I rate with perpetual succession and a common seal with power, subject to the provisions of the said Act, to acquire, hold and dispose of property, and to contract, and may sue ard be sued in its name. From the aforesaid provisions contained in Section 3 of the Banks Nationalisation act it is evident that the nationalised banks have been established under the provisions of the said Act and the same are distinct juristic persons with perpetual succession and the power to acquire, hold and dispose of property and to contract and having the right to sue and be sued in their own name and further that the entire capital of _,---- - the said banks is vested in the Central Government, meaning thereby, that the said banks are owned by the Central Government.

Shri Yogeshwer Prasad has pointed out that, in view of Section 3(4) of the Banks Nationalisation Act, the nationalised bank is a body corporate and not a corporation and that there is a distinction between a body corporate and a corporation inasmuch as a body corporate includes bodies, such as companies, co-operative societies, etc. , which are not corporations. Reliance bas been placed in this regard on the decision of Delhi High Court in Oriental Bank of Commerce and Another v. Delhi Development Authority and Another, [1985) 55 Company Cases 81. We find no substance in this contention. In English law a corporation has been defined as "a body of "I persons or an office which is recognised by the law has having a personality which is distinct from the separate personalities of the members of the body or the personality of the individual holder for the time being of the office in question. " (See Ha/sbury's Laws of England, Fourth Edition, Volume 9, Para 1201).

Generally speaking, corporations are of two kinds; corporation aggregate and corporation sole. A corporation aggregate has been described as an incorporated group of co-existing persons and a corporation sole as an incorporated ~ series of successive persons, (Salmond on Jurisprudence, 12th Edition P 308. The distinctive feature of a corporation are that it has the capacity of continuous existence and succession, notwithstanding changes in its membership and it possesses the capacity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and priviledges conferred on it by law of its creation just as a natural person may (See . S. S. Dhanoa v. Municipal Corporation, Delhi & Ors. , [1981) 3 SCR 864. ~-~ Corporations aggregate may be public or private. A public corporation is a corporation formed for a public purpose e. g. local government authorities, and it is usually incorporated by a public general Act of Parliament.

A private corporation is a corporation formed for profit e. g. a limited company, and it is usually incorporated under a statutory enactment. After the second world war there has been development of _.. _ ~ a new pattern of public corporations in England as an instrument of planning in the mixed economy. The general characteristics of such a public corporation is that it is normally created by a special statute; it has no shares and no shareholders either private or public, and its shareholder, in the symbolic sense, is the nation represented through Government and Parliament; the responsibility of the public corporation is to the Government, represented by the competent Minister and through the Minister to Parliament; the administration of the public ~" corporation is entirely in the hands of a board which is appointed by the competent Minister; and it has the legal status of a coporate body with independent legal personality. (See W.

Friedman: The New Public Corporations and the Law [1947) 12 Mod. LR 234-236. ) There is a similar growth of this type of public corporation in other countries. This trend is also evident in our country since independence and a number of such public corporations have been constituted by Acts of Parliament. 0 The distinction between such a public corporation and a corporation gtmerally known in law has been explained in the following observations of Denning L. J. , as he then was:- "The Transport Act, 1947, brings into being the British ) r part of a building which is or, is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes: (i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building; (ii) any-furniture supplied by the landlord for use in such building or part of the building; but does not include a room in a hotel or lodging house.

" Section 3, which excludes the applicability of the Act to certain premises, provide as under: "Nothing in this Act shall apply: (a) to any premises belonging to the Government; (b) to any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease, or requisitioned, by the Government Provided that where any premises belonging to Government have been or are lawfully let by any pernon by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy. (c) to any premises, whether residential or not, whose montly rent exceeds three thousand and five hundred rupees; or - (d) to any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988, . ~ for a period of ten years from the date of completion of such construction.

" Chapter II (Sections 4 to 13) contains provisions regarding rent including fixation of standard rent. Chapter III (Sections 14 to 25) contains provisions for control of eviction, of tenants. Section 14 gives protection to tenants against eviction and provides that an order for eviction of a tenant can be passed only on one or more of the grounds ~ mentioned in clauses (a) to(! ) of sub-section (1). Special provisions have been made for recovery of immediate possession of premises in Sections 14A to 14D in respect of certain classes of landlords. Section 22 contains a special provision for recovery of possession of premises where the landlord is a company or a body corporate or a local authority or a public institution if the premises are required for the use of . ~ p employees of such landlord or, in the case of a public institution, for the furtherance of its activities. In Chapter IIIA (Sections 25-A to -' ervices Pvt. Ltd. (supra) and Smt.

Saiyada ~ ~ Mossarrat case (supra) inasmuch as in both the decisions it is held that the Public Premises Act insofar as it deals with a lessee or licencee of premises other than premises belonging to the Central Government has been enacted in exercise of the legislative powers in respect of matters enumerated in the Concurrent List. We are in agreement with this view. This means that both the statutes, viz. the Public Premises Act and the Rent Control Act, have been enacted by the same legislature, Parliament, in exercise of the legislative powers in respect of the matters enumerated in the Concurrent List.

We are, therefore, unable to accept the contention of the learned Additional Solicitor General that the Public Premises Act, having been enacted by Parliament in exercise of legislative powers in respect of matters enumerated in the Union List would ipso-facto override the provisions of the Rent Control Act enacted in exercise of the legislative powers in respect of matters enumerated in the Concurrent List. In our opinion the question as to whether the provisions of the Public Premises Act override the provisions of the Rent Control Act will have to be considered in the light of the principles of statutory interpretion applicable to laws made by the same legislature. One such principle of statutory interpretation which is applied is contained in the latin maxim: leges posteriores priores conterarias abrogant, (later laws abrogate earlier contrary laws).

This principle is subject to the exception embodied in the maxim: generalia specialibus non derogant, (a general provision does not derogate from a special one). This means that where the literal meaning of the general enactment covers a situation for which specific provision is made by another enactment contained in an earlier Act, it is presumed that the situation was intended to continue to be dealt with by the specific provision rather than the later general one (Benion: Statutory Interpretation p. 433-34). The rationale of this rule is thus explained by this Court in the J. K. Cotton Spinning & Weaving Mills Co. Ltd. v. The State of Uttar Pradesh & Others, [1961] 3 SCR 185: "The rule that general provisions should yield to specific provisions is not an arbitrary principle made by lawyers and Judges but springs from the common understanding of man and women that when the same person gives two directions ASHOKA MARKETING v. P. N. B.

[AGRAWAL, J,J 685 one covering a large number of matters in general and another to only some of t. hem his intention is that these latter directions should prevail as regards these while as regards all the rest the earlier directions should have effect. " (p. 94) In U. P. State Electricity Board & Ors. v. Hari Shankar Jain & Ors. , [1979] 1SCR 355 this Court has observed: "In passing a special Act, Parliament devotes its entire consideration to a particular subject. When a General Act is subsequently passed, it is logical to presume that Parliament has not repealed or modified the former Special Act unless it appears that the Special Act again received consideration from Parliament. " (p. 366) In Life Insurance Corporation v. D. J. Bahadur, [1981] 1 SCR 1083 Krishna Iyer, J. haspoin&d out: ' "In determining whether a statute is a special or a general one, the focus must be on the principal subject matter plus the particular perspective.

For certain purposes, an Act may be general and for certain other purposes it may be special and we cannot blur distinctions when dealing with finer points oflaw. " (p. 1127) The Public Premises Act is a later enactment, having been enacted on 23rd August, 1971, whereas the Rent Control Act was enacted on 31st December, 1958. It represents the later will of Parliament and should prevail over the Rent Control Act unless it can be said that the Public Premises Act is a general enactment, whereas the Rent Control Act is a special enactment and being a special enactment the Rent Control Act should preavil over the Public Premises Act.

The submission of learned counsel for the petitioners is that the Rent Control Act is a special enactment dealing with premises in occupation of tenants, whereas the Public Premises Act is a general enactment dealing with the occupants of Public Premises and that insofar as public premises in occupation of tenants are concerned the provisions of the Rent Control Act would continue to apply and to that extent the provisions of the Public Premises Act would not be applicable. In support of this submission reliance has been placed on the non obstante clauses contained in Section ! 4· and 22 of 1JMuRent Control Act as well as the provisions contained in Sections 50 and 54 of the said Act.

On the other hand the learned counsel for the respondents have urged that the _ Rent Control Act is a general enactment dealing with the relationship-""-of landlord and tenant generally, whereas the Public Premises Act is a special enactment making provision for speedy recovery of possession of Publip Premises in unauthorised occupation and that the provisions of. the Public Premises Act, a later Special Act, will, therefore, override the provisions of the Rent Control Act in so far as they are applicable to Public Premises in occupation of persons who have continued in occupation after the lease has expired or has been deter- ---rmined. The learned counsel for the respondents have pl:mi:d reliance on Section 15 of the Public Premises Act which bars the jurisdiction of all courts in respect of the eviction of any person who is in unauthorised occupation of any Public Premises and other matters specified therein.

It has been submitted that the said provision is also in the nature of a non obstante clause which gives overriding effect to the provisions of the Public Premises Act. Thus each side claims the enactment relied upon by it is a special statute and the other enactment is general and also invokes the non obstante clause contained in the enactment relied upon. The Rent Control Act makes a departure from the general law regulating the relationship of landlord and tenant contained in the Trnasfer of Property Act inasmuch as it makes provision for determination of standard rent, it specifies the grounds on which a landlord can seek the eviction of a tenant, it prescribes the forum for adjudication of disputes between landlords and tenants and the procedure which has to be followed in such proceedings. The rent Control Act can, therefore, be said to be a special statute regulating the relationship of landlord and tenant in the Union Territory of Delhi.

The Public Premises Act makes provision for a speedy machinery to secure eviclion of unauthorised occupants from public premises. As opposed to the general law which provides for filing of a regular suit for recovery of possession of property in a competent Court and for trial of such a suit in accordance with the procedure laid down in the Code of Civil Procedure, the Public Premises Act confers the power to pass an order for eviction of an unauthorised occupant in a public premises on a designated officer and prescribes the procedure to be followed by the said officer before passing such an order. Therefore, the Public Premises Act is also a special statute relating to eviction of unauthorised occupants from public premises. In other words, both the enactments, namely, the Rent Cotrol Act and the Public Premises Act, are special statutes in relation to the matters dealt with therein.

Since, th/: Public Premises Act is a special statute and not a general enactment the ASHOKA MARKETING v. P. N. B. [AGRAWAL, J. J 687 exception contained in the principle that a subsequent general law - __;. cannot derogate from an earlier special law cannot be invoked and in accordance with the principle that the later laws abrogate earlier contrary laws, the Public Premises Act must prevail over the Rent Control Act. We arrive at the same conclusion by applying the principle which is followed for resolving a conflict between the provisions of two special enactments made by the same legislature. We may in this con- -! · text refer to some of the cases which have come before this Court where the provisions of two enactements made by the same legislature were found to be inconsistent and each enactment was claimed to be a special enactment and had a non obstante clause giving overriding effect to its provisions. In Shri Ram Narain v. The Simla Banking and Industrial Co. Ltd.

, [1956) SCR 603 this Court was considering the provisions contained in the Banking Companies Act, 1949 and the Displaced Persons (Debts Adjustment) Act, 1951. Both the enactments contained provisions giving overriding effect to the provisions of the enactment over any other law. This Court has observed; "Each enactment being a Special Act, the ordinary principle that a special law overrides a general law does not afford any clear solution in this case" (p. 613) "It is, therefore, desirable to determine the overriding effect of one or the other of the relevant provisions in these two Acts, in a given case, on much broader considerations of the purpose and policy underlying the two Acts and the clear intendment conveyed by the language of the relevant provisions therein. " (p. 615) Similarly in Kumaon Motor Owners' Union Ltd. and Another v.

- The State of Uttar Pradesh, [1966) 2 SCR 121 there was conflict between the provisions contained in Rule 131(2)(gg) and (i) of the Defence of India Rules, 1962 and Chapter IV-A of the Motor Vehicle Act, 1939. Section 68-B gave overriding effect to the provisions of Chapter IV(A) of the Motor Vehicle Act whereas Section 43 of the Defence of India Act, 1962, gave overriding effect to the provisions contained in the Defence of India Rules. This Court held that the Defence of India Act was later than the Motor Vehicles Act and, therefore, if there was anything repugnant, the provisions oi the later Act should prevail. This Court also looked into object behind the two statutes, namely, Defence of India Act and Motor Vehicles Act and on -\... _ that basis also it was held that the provisions contained in the Defence of India Rules would have an overriding effect over the provisions of the Motor Vehicles Act. In Sarwan Singh & Another v.

Kasturi Lal, [1977] 2 SCR 421, the question for consideration was, whether the provisions of Section 14A and Chapter IHA of the Rent Control Act will prevail over those contained in Sections 19 and 39 of the Slum Areas (Improvement and ·--y Clearance) Act, 1956. Section 14A and 25A of the Rent Control Act contained non obstante clauses but in Section 54 of the Rent Control Act it was expressly provided that nothing in the said Act shall effect the provisions of the Slum Areas (Improvement and Clearance) Act, 1956. Moreover in Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 there was non-obstante clause and Section 39 of the said Act gave overriding effect to the provisions of the said enactment over any other law. This Court has observed: "When two or more laws operate in the same field and each contains a non-obstante clause stating that its provisions will override those of any other law, stimulating and incisive problems of interpreation arise.

Since statutory interpretation has no conventional protocol, cases of such conflict have to be decided in reference to the obejct and purpose of the laws under consideration. " (p. 433) After examining the special and specific purpose underlying the enactment of Section 14A and Chapter IIIA of the Rent Control act and the fact that the Rent Control Act was a later enactment this Court held that the provisions of the Rent Control Act would prevail over those contained in the Slum Areas (Improvement and Clearance) Act, 1956. The principle which emerges from these decisions is that in the case of inconsistency between the provisions of two enactments, both of which can be regarded as Special in nature, the conflict has to be resolved by reference to the purpose and policy underlying the two enactments and the clear intendment conveyed by the language of the relevant provisions therein. We propose to consider this matter in the light of this principle.

The statement of objects and reasons for the enactment of the Rent Control Act, indicates that it has been enacted with a view: -__? (a) to devise a suitable machinery for expeditious adjudication of proceedings between landlords and tenants; (b) to provide for the determination of the standard rent payable by tenants of the various categories of premises which should be fair to the tenants, and at the same time, provide incentive for keeping the existing houses in good repairs, and for further investment in house construction; and (c) to give tenants a larger measure of protection against eviction. This indicates that the object underlying the Rent Control Act is to - ___ make provision for expeditious adjudication of disputes between landlords and tenants, determination of standard rent payable by tenants and giving protection against eviction to tenants.

The premises belonging to the Government are excluded from the ambit of the Rent Control Act ~hich means that the Act has been enacted primarily to regulate the private relationship between landlords and tenants with a view to confer certain benefits on the tenants and at the same time to balance the interest of the landlords by providing for expeditious ___, adjudication of proceedings between landlords and tenant. As mentioned earlier, the Public Premises Act has been enacted with a view to provide for eviction of unauthorised occupants from public premises.

In the statement of objects and reasons for this enactment reference has been made to the judicial decisions whereby by the 1958 Act was declared as unconstitutional and it has been mentioned: "The court decisions, referred to above, have created serious difficulties for the Government inasmuch as the proceedings taken by the various Estate Officers appointed under the Act either for the eviction of persons who are in unauthorised occupation of public premises or for the recovery of rent or damanges from such persons stand null and void. It has become impossible for Government to take expeditious action even inflagrant cases of unauthorised occupation of public premises and recovery of rent or damages for such unauthorised occupation. It is, therfore,, considered imperative to restore a speedy machinery for the eviction of persons'who are in unauthorised occupation of public premises keeping in view at the same time the necessity of complying with the provision of the Constitu- --..

__ lion and the judicial pronouncements, referred to above. " This shows that the Public Premises Act has been enacted to deal with the mischief of rampant unauthorised occupation of public premises by providing a speedy machineryfor the eviction of persons in unauthorised occupation. In order to secure this object the said Act prescribes the time period for the various steps which are equired to be taken for securing eviction of the persons in unauthorised occupation. _ ~ The object nnderlying the enactment is to safeguard public interest by making available for public use premises belonging to Central Government, Companies in which the Central Government has substantial interest, Corportions owned or controlled by the Central Government and certain autonomous bodies and to prevent misuse of such premises.

It would thus appear that, while the Rent Control Act is intended to deal with the general relationship of landlords and tenants in respect of premises other than government premises, the Public Premises Act is intended to deal with speedy recovery of possession of premises of public nature, i. e. property belonging to the Central Government, or Companies in which the Central Government has substantial interest or Corporations owned or controlled by the Central Government and certain corporations, institutions, autonomous bodies and local authorities. The effect of giving overriding effect to the provisions of the Pubic Premises Act over the Rent Control Act, would be that buildings belonging to Companies Corporations and Autonomous bodies referred to in Section 2(e) of the Public Prmises Act would be excluded from tbe ambit of the Rent Control Act in the same manner as properties belonging to the Central Government. The .

reason underlying the exclusion of property belonging to the Government from the ambit of the Rent Control Act, is that Government while dealing with the citizens in respect of property belonging to it would not act for its own purpose as a private landlord but would act in public interest. What can be said with regard to Government in relation to property belonging to it can. also be said with regard to companies, corporations and other statutory bodies mentioned in Section 2(e) of the Public Premises Act. In our opinion, therefore, keeping in view the object and purpose underlying both the enactments viz. , the Rent Control Act and the Public Premises Act, the provisions of the Public Premises Act have to be construed as overriding the provisions contained in the Rent Control Act. ASHOKA MARKETING v. P. N. B. [AGRAWAL, J. J 691 .

~ J· As regards the non obstante clauses contained in Sections 14 and 22 and the provisions contained in Sections 50 and 54 of the Rent Control Act, it may be stated that Parliament was aware of these provisions when it enacted the Public Premises Act contained a specific provision in Section 15 barring jurisdiction of all courts (which would include the Rent Controller under the Rent Control Act). This indicates that Parliament intended that the provisions of the Public Premises Act would prevail over the provisions of the Rent Control -r· Act inspite of the above mentioned provisions contained in the Rent Control Act. It has been urged by the learned counsel for the petitioner that there is no conflict between the provisions of the Rent Control Act and the Public Premises Act and that both the provisions can be given _ _ effect to without one overriding the other.

In this regard, it has been - pointed out that since no provisions has been made in the Public Premises Act for the termination of the lease, the provisions of the Rent Control Act can be held applicable upto the stage of termination of the lease, and thereafter, proceedings can be initiated for eviction under the provisions of the Public Premises Act. In support of this submission, reliance has beeen placed on Dhanpal Chettiar's case (supra), wherein it has been held that in view of the special provisions contained in the State Rent Conirol Acts, it is no longer necessary to issue ~ a notice under Section 106 of the Transfer of Property Act to terminate the tenancy because inspite of the said notice the tenant is entitled to continue in occupation by virtue of the provisions of the said Acts.

In the said case, it has been further laid down that the relationship between the landlord and tenant continues till the passing of the order of /-· eviction in accordance with the provisions of the Rent act, and therefore, for the eviction of the tenant in accordance with the law, an order ',, of the competent Court under the Rent Control Act is necessary. This would mean that in order to evict a person who is continuing in occupation after the expiration or termination of his contractual tenancy in accordance with law, two proceedings will have to be initiated. First, there will be proceedings under Rent Control Act before the Rent Controller followed by appeal before the Rent Control Tribunal and revision before the High Court. After these proceedings have ended they would be followed by proceedings under the Public Premises Act, __)... _ before the Estate Officer and the Appellate Authority.

In other words, persons in occupation of public premises would receive greater protection than tenants in premises owned by private persons. It could not be the intention of Parliament to confer this dual benefit on persons in occupation of public premises.

It has also been urged that in Section 22 of the Rent Control Act, special provision has been made for recovery of possession of premises belonging to a company or other body corporate or any local authority or any public institution and that premises belonging to companies, corporations and autonomous bodies mentioned in clauses (2) and (3) of Section 2(e) of the Public Premises would be covered by the said provision and that in view of this special provision it is not necessary to have a further provision in the Public Premises Act for the recovery of possession belonging to those bodies, and therefore, the provisions of the Public Premises Act should be confined in their application to premises other than premises covered by the Rent Control Act.

Section 22 of the Rent Control Act provides as under: "Where the landlord in respect of any premises is any com· pany or other body corporate of any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution for the furtherance of its activities, then, notwithstanding anything contained in Section 14 or any other law, the Controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in.

occupation therof, if the Controller is satisfied- (a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or (b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or (c) that any other person is in unauthorised occupation of such premises; or (d) that the premises are required bona fide by the public institution for the furtherance of its activities. Explanation-For the purpose of this section, "public institution" includes any educational institutional, library, hospital and charitable dispensary but does not include any such institution set up by any private trust.

" The said special provision shows that, it enables recovery of possession or premises of which the landlord is a company or other body corporate or any local authority or any public institution in certain circumstances viz. , if the premises are required for the use of the employees or such landlord. In the case of public institutions possession can also be obtained under this provision if the premises are reqquired for the furtherance of its activities. In other words, recovery of possession is permissible under this·, provision only in certain circumstances and for certain purpci~. e,. :•;lnspite of this provision r Parliam~nt has considered it necessar}i«tifilC! end the Public Premises Act to premises belonging to companies, corporations and statutory bodies mentioned in Clauses (2) and (3) of Section 2(e) by widening the definition of the expression "public premises" in Section 2(e) of the Public Premises Act.

The scope and ambit of the aforesaid power conferred under the Public Premises Act cannot be restricted by reference to the provision contained in Section 22 of the Rent Control Act. It has been urged by the learned counsel for the petitioners that many of the corporations referred to in Section 2(e)(2)(ii) ofthe Public Premises Act, like the nationalised banks and the Life Insurance Corporation, are trading corporations and under the provisions of the -.. ,· enactments whereby they are constituted these corporations are required to carry on their business with a view to earn profit, and that there is nothing to preclude these corporations to buy property in possession of tenants at a low price and after buying such property evict the tenants after . terminating the tenancy and thereafter sell the said property at a much higher value because the value of property in ~ .. possession of tenants is much less as compared to vacant property.

We are unable to cut down the scope of the provisions of the Public Premises Act on the basis of such an apprehension because as pointed out by this Court in Mis Dwarkadas Marfatia and Sons v. Board of Trustees ofthe Port ofBombay, [1989] 3 SCC 293: "Every activity of a public authority especially in the background of the assumption on which such authority enjoys immunity from the rigour of the Rent Act, must be informed by reason and guided by the public interest. All exercise of discretion or power by public authorities as the respondent, in respect of dealing with tenants in respect of which they have been treated separately and distinctly from other landlords on the assumption that they would not act as private landlords, must be judged by that standard.

" These observations were made in the context of the provisions of the ~, Bomaby Rents, Hotel and Lodging Houses Rates (Control) Act, 1947 whereby exemption from the provisions of the Act has been granted to premises belonging to the Bombay Port Trust. The consequence of giving overriding effect to the provisions of the Public Premises Act is that premises belonging to companies and statutory bodies referred to in Cluases (2) and (3) of Section 2(e) of the Public Premises Act would be exempted from the provisions of the Rent Control Act. The actions of the companies and statutory bodies mentioned in Clauses (2) and (3) of Section 2(e) of the Public Premises Act while dealing with their properties under the Pubic Premises Act will, therefore, have to be judged by the same standard.

For the reasons aforesaid, we are unable to accept the contention of the learned counsel for the petitioners that the provisions contained in the Public Premises Act cannot be applied to premises which fall within the ambit of the Rent Control Act. In our opinion, the provisions of the Public Premises Act, to the extent they cover premises falling within the ambit of the Rent Control Act, override the provisions of the Rent Control Act and a person in unauthorised occupation of public premises under Section 2(e) of the Act cannot invoke the protection of the Rent Control Act. In Civil Appeal No. 3723 of 1966, Shri Yogeshwer Prasad sought to raise contentions relating to the particular facts of that case, namely, that the termination of the lease of the appellant is vitiated by malafides and that the said appellant could not be held to be a person ...

J in unauthorised occupation of the premises and further that the proceedings have not been taken in accordance with the provisions of the .. ,. Public Premises Act. We find that in this case the appellant filed a writ petition in the High Court directly against the order passed by the Estate Officer without filing an appeal against the said order before the Appellate Authority. The High Court has held that the question of ma/a fides is a disputed question of fact and the same could not be gone into in proceedings under Article 226 of the Constitution. We are in agreement of the said view of the High Court. As regards the other contentions we are of the view that the appellant cannot be permitted -. ol to agitate matters which could be agitated by him in appeal before the Appellate Authority. In Civil Appeals Nos.

2368 and 2369 of 1986 the learned counsel for the respondents have raised a preliminary objection with regard to '"-- - the maintainability of these appeals on the ground that the appellants, on account of their conduct, are not entitled to invoke the jurisdiction of this Court under Article 136 of the Constitution. The submission of the learned counsel is that before initiating proceedings under the provisions of the Public Premises Act the respondent Bank, viz. the Punjab National Bank, had initiated proceedings under the Rent Control Act for the eviction of the appellants had in those proceedings the appellants had filed an objection with regard to the maintainabiEty of --.

----the eviction proceedings under the Rent Control Act before the Additional Rent Controller and thereupon the Respondent Bank initiated proceedings for eviction of the appellants under the Public Premises Act and thereafter the proceedings initiated by the respondent Bank under the Rent Control Act were dismissed by the Additional Rent Controller by orders dated the 6th August, 1989. The learned counsel - -~of the respondents have urged that the appellants, having raised the objection against the maintainability of the proceedings for eviction under the Rent Control Act on the ground that proceedings could only be maintained under the provisions of the Public Premises Act and having got them dismissed, cannot tum round and raise an objection that the proceedings for eviction under the Public Premises Act are not maintainable and the proceedings can only be taken under the Rent Control Act.

The learned counsel for the appellants have submitted ~ that special leave to appeal was granted by this Court after notice to the respondents and at that stage the respondents had raised this objection but this Court granted special leave and it is not permissible for the respondents to agitate this question now. The orders dated the 6th August, 1989 which were passed by the Additional Rent Controller in the proceedings for eviction initiated by the respondent Bank under Rent Control Act against the appellants in these appeals have been placed on record by the respondents and from the said orders it appears that in the proceedings initiated under the Rent Control Act the appellants had raised a plea that the premises in question had been declared public premises under the Public Premises Act and in view of that the proceedings under the Rent Control Act were not competent.

The said orders also show that the Additional Rent Controller dismissed the proceedings for eviction under the Rent Control Act on the view that the Public Premises Act is applicable to premises in question and his jurisdiction was excluded. This would show that the proceedings which were initiated by the Respondent Bank for the eviction of the appellants under the Rent Control Act were dismissed as not maintainable on the ground that the Rent Control Act was not applicable to the premises and the premises are governed by the provisions of the Public Premises Act. This finding was recorded by the Additional Rent Controller in view of the objection raised by the appellants with regard to the maintainability of those proceedings. In other words, the appellants succeeded in ihose proceedings on the basis of their plea that the premises were not governed by the Rent Control Act and were governed by the provisions of the Public Premises Act.

Having got the proceedings under the Rent Control Act dismissed the appellants are now raising the plea that the proceedings under the Public Premises ··~ Act are not maintainable and that the only remedy available is under the Rent Control Act. This conduct of the appellants would have disentitled them from invoking the jurisdiction of this Court under Article 136 of the Constitution. Since we are of the view that the appellants canot succeed on the merits, we do not propose to dismiss the appeals on this preliminary ground. In the result the appeals and the writ petition are dismissed. There will be no order as to costs. The appellants in Civil Appeals Nos. 2368 and 2369 of 1986 had been dispossessed from the premises in their occupation after the dismissal of their appeals by the Additional District Judge. During the pendency of these appeals interim orders were passed by this Court whereunder possession of a part of the premises was restored to the appellants.

Since these appeals have been dismissed the appellants in both the appeals are directed to handover the possession of the portion of the premises in their occupation to the Respondent Bank within one month. In Civil Appeal No. 3725 of 1986 and Writ Petition No. 864 of 1985, this Court had passed interim orders staying the eviction of the petitioners in those matters. Since the appeal and the writ petition are being dismissed the said interim orders shall stand vacated. R. S. S. Petitions dismissed.