An Unauthorized occupant evicted by Estate Officer's order under Public Premises Act 1971 in Appeal court observed technical defect in notification of Estate offers appontment and nullity the eviction order Whether The evicted person can get remedy U/S 144 C.P.C. for Restitution of possession ? when Sec 15 of P.P.Act barring any civil suit/proceedings
against any action for eviction of unauthorized occupant.Please give some citations of Supreme court in this regard that civil court has no jurisdiction to entertain any proceeding matter involve in PP.Act
Dear brother,
Your querry is misconcieved CPC is procedure not substantive act, it is true the special act prevail upon general act but it is also true the provisions of special acts has to be complied strictly otherwise the purpose of it through which specific things has to be done in specific manner will be frustrated.
In your case the provision of section 144 CPC is only used to remind the authority to relegate the parties as they were before the passing of the inpugned order which is obviously as per your own averment without jurisdiction, if any thing is done without an authority than the same authority latter on cannot say it cannot remedy the wrong committed by it.
Yours
TNSaxena
