Arun Kumar Joseph vs Victor Samuel Mathews And Anr. on 30 July, 2013
8. It may be relevant to mention here that the learned Single Judge, who rendered the judgment in the case of Babloo (supra) followed his views in the case of Chandra Mohan Sama Vs. Banwari Lal Ghai, (2010) 9 ADJ 303. In this case, after noticing that the Act does not prescribe any period of limitation for the landlord for seeking release of the premises, it was held that reading of period of limitation would amount to permitting illegal occupants to enjoy legal sanction for acts done in violation of the provisions of the Act and occupation of building without allotment would frustrate the regulatory provisions of the Act against the object for which the Act was enacted. An example was cited that due to forcible occupation of a premises by an influential person or Mafia, the landlord may be forced to maintain silence for a long period, but this as per provisions of the Act would not destroy his right to seek vacancy at a later period by pointing out that the occupation was without allotment and he was in bona fide need of the premises.