- (1.) This petition under Article 227 of the Constitution of India is directed against the order of the Appellate Authority dated January 24, 1989 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1977 (for short the Act).
(2.) The facts : Respondent No. 2 is the owner of House No. 2930, Sector 37-C, Chandigarh (hereinafter referred to as the landlord). It was leased out to the petitioner (hereinafter referred to as the tenant). A notice under Section 4 of the Act was issued by the Estate Officer to the landlord and the tenant calling upon them to show cause why the lease made in favour of the landlord by the Estate Officer be not cancelled for misuse of the premises. The residential premises were being used for school being run in the name of Shishu Niketan Montessori School. The Land Acquisition Collector exercising the powers of Estate Officer under the Act, ordered the eviction of the landlord and the tenant vide order dated July 27, 1988. The tenant aggrieved against the order of the Estate Officer filed an appeal before the Chief Administrator, Chandigarh Administration. The Chief Administrator vide his order dated July 19, 1988 stayed the operation of the Estate Officer and the case was posted for hearing on August 30, 1988. The tenant's counsel did not put in appearance on the adjourned date and Chief Administrator vacated the interim stay order.
(3.) The tenant filed an appeal against the order of the State Officer before the District Judge, Chandigarh (exercising the appellate power under the Act). The appeal was dismissed for default on October 24, 1988 on the ground that the appeal was filed beyond limitation and that the tenant's counsel did not put in appearance when the appeal was called for hearing.;