In a case involving dispute over tenancy, an occupier of a premises has no right to seek government intervention for forcibly depositing rent with a landlord or property owner, the SC has ruled.
The apex court said a tenant or an occupier of a premises does not have any right to move the government for initiating proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971.
A bench of Justices H K Sema and Markandey Katju in an order on February 7, while quashing a Calcutta high court order against LIC, asserted that such a right is vested only with the landlord or the owner.
Interpreting section 7 of the Act, the apex court said the power to move the Estate Officer for evicting an occupier or a tenant can be exercised only by the landlord/owner.
"The power is exercisable by the Estate Officer suo motu or on an application of the landlord, and the occupier of the premises has absolutely no jurisdiction to file an application under section 7
The only right available to a tenant or an occupier is under sub-section 3 of the Act wherein, he is entitled to a notice from the Estate Officer before any proceedings are initiated under the Public Premises (Eviction of Unauthorised Occupants) Act.
The apex court passed the order on an appeal filed by the LIC against the Calcutta high court order which had ruled that the occupier of its premises, Castlewood (India), too had a right to move the Estate Officer.
Castlewood had moved the high court challenging the refusal of the Estate Officer to accept an application filed by it for direction to the LIC to accept rent from it.
