petition should have been filed u/s 22 of the
DRC Act. Section 22 of the DRC Act reads as follows:-
"22. Special provision ... respondents were obliged to file a petition only under Section 22 of
the DRC Act and that the present petition filed under Section
same do not attract provision of Section 14 (1) (e) DRC Act and eviction
petition only under Section 22 ... DRC Act could have been filed.
Section 14 (1) (e) and Section 22 of the DRC Act provide as:
14 (1)(e) that the premises
Trial Court.
Undisputedly the landlord is a society. Explanation to Section
22 DRC Act defines that public institution includes educational
institution, library, hospital and charitable ... liable to be evicted U/s 14 (1) (c)
and 22 DRC Act . Benefit u/s 14(2) DRC Act would be decided
cases falling in Section
14(1)(e) and Section 22 of the DRC, 1958. This would render
Section 22 of the Act otiose. An interpretation ... DRC, 1958
b) Section 14A of the DRC, 1958
c) Section 14B of the DRC, 1958
d) Section 14D of the DRC, 1958
e) Section
Siddiqui
8. Before proceeding further, it is necessary to reproduce
Section 22 of DRC Act which reads as follows:
"22.Special provision for recovery ... present case, the petitioner has filed the present
petition under section 22 of DRC Act. The provisions of Section 22 are
applicable only to company
conjoint reading of two Sections i.e. Section
14(1)(e) and Section 22 of the DRC Act does not
show that a society registered ... employees, Section 22 of
the DRC Act would apply and not Section 14(1)
(e) of the DRC Act . This court rejected the
contention
conjoint reading of two Sections i.e. Section
14(1)(e) and Section 22 of the DRC Act does not
show that a society registered ... employees, Section 22 of the DRC Act
would apply and not Section 14(1)(e) of the DRC
Act. This court rejected the contention
conjoint reading of two Sections i.e. Section
14(1)(e) and Section 22 of the DRC Act does not
show that a society registered ... employees, Section 22 of
the DRC Act would apply and not Section 14(1)
(e) of the DRC Act . This court rejected the
contention
Section
22 of the DRC Act.
2. First thing first, an application under Section 38(2) of the
DRC Act for condonation of delay ... Briefly stated, the petitioner filed an Eviction petition under
Section 22 of the DRC Act claiming that it was a Trust and a "public
entitled for an eviction order u/s 22 of DRC Act.
22. Accordingly, both the eviction petitions u/s 14 (1) (i) of DRC Act ... DRC Act are allowed and eviction orders are passed u/s 14 (1) (i)
of DRC Act as well as u/s 22 of DRC
