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2010 (11) TMI 1053 - HC - Indian Laws

Issues involved:
The judgment involves the dismissal of an appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 against the order of the Estate Officer under Sections 4 and 7 of the PP Act for ejectment and recovery of damages.

Details of the judgment:

1. The petition challenged the judgment of the Addl. District Judge, Delhi, which dismissed the appeal against the Estate Officer's order. The respondent claimed to have been directed to deliver possession despite the dismissal of eviction proceedings. The Court ordered to maintain status quo.

2. The petitioner's counsel admitted that a letter directing possession was issued inadvertently and was subsequently withdrawn.

3. The Addl. District Judge ruled that the appeal did not lie against the Estate Officer's order and upheld the finding that the respondent's license had not been terminated as per law, thus not being an unauthorized occupant.

4. The Court concluded that there was no point in continuing the petition as the findings were factual. It advised the petitioner to initiate fresh proceedings for ejectment and damages, a right not contested by the respondent. The respondent's counsel mentioned that terminating the license in accordance with the law is necessary for initiating fresh proceedings.

5. The petition was dismissed, granting liberty to the petitioner to start new proceedings against the respondent, with no order as to costs.

 

 

 

 

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