decreed under Section 14(1)(e) of
the DRC Act read with special procedure provided under Section 25(B) of
the DRC Act. These observations ... contained are from sub-Sections (a) to (l).
9. The last sub-Section (d) of Section 22 of the DRC Act applies
to public institutions
same do not attract provision of Section 14 (1) (e) DRC Act and an eviction
petition under Section 22 ... DRC Act only could have been filed.
Section 14 (1) (e) and Section 22 of the DRC Act provide as:
14 (1)(e) that
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
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
Act, 1958 (hereinafter referred to as The DRC
Act ).
2. The brief facts which led to filing of the eviction petition under section
22 ... three different issues. Regarding
maintainability of the case under section 22 of the DRC Act, the ARC noted
the contention of the petitioner that
decreed under
Section 14(1)(e) of the DRC Act read with special procedure provided
under Section 25(B) of the DRC Act. These observations ... cannot invoke
Section 14(1)(e) of the DRC Act and that it should have only invoked
Section 22 of the DRC Act
read with Section 25-B of DRC Act. He
submitted that a company can only file an eviction petition under Section
22 of DRC Act ... available only to a natural person.
3. Section 14(1)(e) and Section 22 of DRC Act are reproduced
hereinbelow for read reference
2014 Page 3 of 13
"(i) Under Section 22 of the DRC Act
10. The bare provision of Section 22 of the DRC Act ... provision of Section 14 the landlord
may be placed in vacant possession by eviction of the tenant. Further
clause (d) of Section 22 provides that
Section 14(1)(e) of the DRC Act to the facts of the present case. Section
14(1)(e) and Section 22 of the DRC ... Sections i.e. Section 14(1)(e) and Section 22
RC.REV. 511/2016 Page 9 of 12
of the DRC Act does not show