LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sushil Kumar Bhatia (Advocate)     13 December 2008

C.P.C can Override Public Premises Act.

An Unauthorized occupant evicted  by Estate Officer's order under Public Premises Act 1971 in Appeal court observed technical defect in notification of Estate offers appontment and nullity the eviction order Whether The evicted person can get remedy U/S 144 C.P.C. for Restitution of possession ? when Sec 15 of P.P.Act barring any civil suit/proceedings
against any action for eviction of unauthorized occupant.Please give some citations of Supreme court in this regard  that civil court has no jurisdiction to entertain any proceeding matter involve in PP.Act


 1 Replies

Trilok Nath Saxena (Lawyer)     20 December 2008

Dear brother,

Your querry is misconcieved CPC is procedure not substantive act, it is true the special act prevail upon general act but it is also true the provisions of special acts has to be complied strictly otherwise the purpose of it through which specific things has to be done in specific manner will be frustrated.

In your case the provision of section 144 CPC is only used to remind the authority to relegate the parties as they were before the passing of the inpugned order which is obviously as per your own averment without jurisdiction, if any thing is done without an authority than the same authority latter on cannot say it cannot remedy the wrong committed by it.



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query