AIR 2009 HIMACHAL PRADESH 25 ::2009 (2) All LJ NOC 329 ::2009 (2) ALJ 329 ::2009 (2) AJHAR (NOC) 437 (HP) ::2009 AIHC NOC 203 ::(2009) 3 LandLR 599

Himachal Pradesh High Court

Hon'ble Judge(s): R. B. Misra, Surjit Singh , JJ

Public Premises (Eviction of Unauthorised Occupants) Act (40 of 1971) , S.5, S.2(e)— Vacation of leased premises - Premises leased out by private person to Govt. or statutory authority - Would cease to be Public Premises under Act the moment tease is determined - Vacation/eviction cannot be sought under Public Premises Act - Remedy is to proceed under Transfer of Property Act or Rent Control Act. 1998 (2) CLJ (HP) 69, Overruled. Where the premises are leased out by a private person to the Government or statutory authority, referred to in Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the same would remain "public premises" in the hands of the Government or the statutory authority, as the case may be, so long as the lease created in its favour by a private person subsists. The moment the lease is determined, the premises will cease to be "public premises", because according to the definition of "public premises" the premises have either to belong or to be on lease with the Central Government or a statutory authority to fall within the definition of "public premises" and the moment Central Government or statutory authority loses the ownership or lease of premises, as the case may be, the premises ceases to be "public premises" within the meaning of S.2(e) of the Act. If the premises ceases to be "public premi....