A.M.KHANWILKAR,J. - (1.) The seminal question posed in this appeal, by special leave, is whether the order passed by the City Civil Court in exercise of power under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as an Appellate Officer, is in the capacity of a Civil Court or persona designata Signature Not Verified.
(2.) When this special leave petition was listed for admission on 12.09.2017, the Court passed the following order : Heard Mr. Ranjit Kumar, learned Solicitor General appearing on behalf of the petitioner and Ms. Sonal, learned counsel appearing on behalf of the respondents. As the issue was to be debated with regard to the maintainability of the Letters Patent Appeal, learned Solicitor General has placed reliance on Radhey Shyam & Anr. vs. Chhabi Nath & Ors., (2015) 5 SCC 423 and Ram Kishan Fauji vs. State of Haryana & Ors., (2017) 5 SCC 533. Ms. Sonal, learned counsel representing the respondents, would contend that there is no quarrel about the proposition that when a challenge is made to the order passed by the Civil Court in a writ proceeding, it has to be treated as a proceeding under Article 227 of the Constitution of India and, therefore, no Letters Patent Appeal would lie. But in a case under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Estate Officer cannot be considered as a Court and further the appellate forum would decide the appeal under Section 9 of the Act as the appellate officer and as per the decision rendered by the Division Bench of the Bombay High Court in Nusli Neville Wadia vs. New India Assurance Co. Ltd., 2010 (2) Mh.L.J.978, which has placed reliance on a judgment of the Delhi High Court in N.P.Berry vs. Delhi Transport Corporation and Anr. 15(1979) DLT 108 (para 19), it is not a Civil Court and therefore, the order passed by the said appellate forum can be challenged under Sections 226 and 227 of the Constitution of India and in that event, an intra-court appeal would be maintainable. List for further hearing on 21.09.2017. The hearing on admission of the special leave petition continued on 21.09.2017 when the Court passed the following order : Leave granted. Heard Mr.Ranjit Kumar, learned senior counsel for the appellant and Ms.Sonal for the respondents. In the course of hearing Mr.Ranjit Kumar, learned senior counsel appearing for the appellant submitted that Letters Patent Appeal at the instance of the respondents before the High Court of Judicature at Bombay was not maintainable. Ms.Sonal, learned counsel appearing for the respondents has, per contra, argued that the appeal was maintainable. As we have heard the matter at length with regard to maintainability of the Letters Patent Appeal before the Division Bench of the High Court, it is appropriate to render a judgment. In view of the aforesaid, judgment is reserved. Learned counsel for the parties shall submit written submissions by 3rd October, 2017.
(3.) By this judgment, we shall answer the preliminary issue as to whether the Letters Patent Appeal filed by the contesting respondents before the High Court of Judicature at Bombay against the decision of the learned Single Judge rendered in a writ petition (purportedly filed under Articles 226 and 227 of the Constitution of India), questioning the correctness and validity of the decision of the City Civil Court, Mumbai in Miscellaneous Civil Appeal No.121 of 2011 dated 03.04.2012, which was affirmed by the learned Single Judge, was maintainable.;