2009 (6) SCC 691 ::(2009) 6 Scale 569 ::(2009) 3 CurCC 148 ::(2009) 3 All WC 2729 ::(2009) 2 ICC 840 ::(2009) 1 RentLR 449 ::(2009) 2 UC 1094 ::AIR 2009 SC (Supp) 2316

Supreme Court Of India

(From : Uttarakhand)*

Hon'ble Judge(s): Markandeya Katju, V. S. Sirpurkar , JJ

U.P. Zamindari Abolition and Land Reforms Act (1 of 1951) , S.3(14)— U.P. Public Premises (Eviction of Unauthorised Occupants) Act (22 of 1972) , S.2(b), S.2(e)— Lands covered by Act of 1950 - Not governed by Public Premises Act. The land covered under the U. P. Zamindari Abolition and Land Reforms Act, 1950 would not be governed by the Public Premises Act, more particularly in view of the specific exclusion as provided in Sections 2(b) and 2(e) thereof. Even if Section 2(e) is broadly read, the land held by tenure holder is not covered. It is axiomatic that if the land held by a tenure-holder under any law relating to land tenure is not "premise", then it cannot become "public premises" under Section 2(e) of the Act.