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2014 (2) TMI 1413 - SC - Indian LawsEviction order - Appellant had raised the point of not being covered under the Public Premises Act, 1971 at all stages - applicability of Public Premises Act - retrospective or prospective application - HELD THAT:- The judgment in Dr. Suhas Pophale's case [2015 (8) TMI 1220 - SUPREME COURT] accepts that the Public Premises Act will prevail over the Bombay Rent Act to the extent of repugnancy i.e. for eviction of unauthorised tenants and for collection of arrear of rent, but, not prior to 16.9.1958 when the Public Premises Act became applicable. Paragraphs 42 and 65 which are relied upon also do not deal with the aspect of retrospectivity and being protected under the welfare legislation. The eviction proceedings initiated against the Appellant will stand set aside - Appeal allowed.
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