Hon'ble Mr. Justice Abhay Manohar Sapre
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.4487 OF 2009
Western Coalfields Ltd. & Anr. .. Appellant(s)
Versus
M/s Ballapur Collieries Company
& Ors. .. Respondent(s)
WITH
CIVIL APPEAL No.4488 OF 2009
J U D G M E N T
Abhay Manohar Sapre, J.
1. These appeals are filed against the common
final judgment and order dated 22.01.2007 passed
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by the High Court of Judicature at Bombay, Nagpur
Bench, Nagpur in Civil Revision Application Nos.
801 & 803 of 2002 whereby the High Court allowed
the revision petitions filed by respondent Nos.18
herein.
2. The proceedings in question which are subject
matter of these appeals arise out of initiation of
eviction proceedings by the appellants Government
of India Company against the respondents under
the provisions of the Public Premises (Eviction of
Unauthorized Occupation) Act, 1971 (hereinafter
referred to as “the Act”) in relation to the suit
property.
3. By impugned order, the High Court in the
revision petitions filed by respondent Nos.18 herein
under Section 9 of the Act against the order of the
District Judge allowed the revision petitions and
held that having regard to the nature of controversy
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and factual issues raised by the parties against
each other in the eviction proceedings, the proper
remedy of the appellants would be to file a civil suit
against the respondents for their eviction from the
suit properties rather than to take recourse to the
summary remedy of eviction under the Act before
the Estate Officer.
4. The appellants felt aggrieved by the said order
and have filed these appeals by way of special leave
in this Court.
5. Having heard the learned counsel for the
parties and on perusal of the record of the case and
the written submissions filed by the appellants, we
are inclined to agree with the observations made by
the High Court in the impugned order.
6. In our opinion, keeping in view the nature of
the factual controversy raised by the parties before
the Estate Officer, the proper remedy of the
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appellants would be to file civil suit against the
respondents for their eviction from the suit
properties under the general law rather than to take
recourse to the summary remedy of eviction
provided under the Act.
7. We, therefore, do not express any opinion on
the issues raised by the appellants in their written
submissions and accordingly grant liberty to them
to file a Civil Suit in the competent Court of
jurisdiction against the respondents for their
eviction in relation to the suit properties and raise
all such pleas in the suit on merits.
8. We, however, make it clear that the
respondents will not be allowed to raise a plea that
the suit is barred by limitation.
9. Let the suit be filed within 6 months by the
appellants against the respondents so as to enable
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the Civil Court to decide the same on merits in
accordance with law.
10. With these observations, the appeals are
accordingly disposed of.
………………………………..J
(ABHAY MANOHAR SAPRE)
…..………………………………J.
(INDU MALHOTRA)
New Delhi,
December 11, 2018
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