- (1.) Leave granted.
(2.) This is an appeal against the judgment and order of a division bench of the Bombay High court dated 21/2/1995 passed in Civil Writ Petition No. 276 of 1995 whereunder certain directions have been made towards conferral of jurisdiction on the Small Cause court, Bombay which, prima facie, it is debarred to have.
(3.) The respondent - Shiva Prasad Tripathi - was an employee of the appellant-LIFE Insurance Corporation of India and on that basis was allotted the premises owned and possessed by it. On expiry of the tenure of his service, the respondent was required to vacate the premises. When he refused to do so, the estate Officer of the Corporation was brought into action in issuing a notice to the respondent to show cause why appropriate orders under Section 7 of the public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the act') not be passed against him. The cause shown by the respondent did not appeal to the Estate Officer and thus an order of eviction was passed. The said order was unsuccessfully challenged in appeal by the respondent before the City civil court at Bombay. The plea of the respondent before the appellate court that he was a tenant in the disputed premises, having security of tenure, was not entertained and the matter was left at large.;