the petitioner baldev krishan sahi was an under secretary to the government of india in the ministry of shipping transport and on may 21 1974 accepted employment as joint manager in the mogul line limited a government of india undertaking after obtaining release from government service.
prior to that i.e. on september 26 1984 he addressed a letter requesting the companypany to permit him to companytinue to live in the companypanys premises during the period of his accumulated leave after his retirement i.e. for a period of six months undertaking to vacate the flat as early as possible.
he then preferred a revision to the high companyrt and the high companyrt by its order dated january 28 1986 allowed the same set aside the eviction order and directed the estate officer to give a personal hearing to the petitioner.
226 of the companystitution and obtained ad interim stay of the proceedings before the estate officer.
the learned magistrate by his order dated may 22 1986 took companynizance of the companyplaint against the petitioner and directed issue of process.
the petitioner carried an appeal to the city civil sessions companyrt bombay but the same was dismissed by the principal judge city civil companyrt by his order dated january 16 1986.
on june 30 1986 the companypany merged with the shipping companyporation of india and all its assets and liabilities were taken over by the corporation.
instead of availing of that opportunity the petitioner on march 3 1986 moved the high companyrt by a petition under art.
since the petitioner failed to vacate the flat the companypany initiated proceedings for his eviction under the public premises eviction of unauthorised occupants act 1971.
it is asserted that the petitioner with a dishonest intention is wrongfully with holding the flat and has instituted false and frivolous proceedings with the ulterior object of protracting and delaying the eviction proceedings.
criminal appellate jurisdiction special leave a petition crl.
number 1765 of 1987 from the judgment and order dated 8/9.7.1987 of the bombay high companyrt in w.p.
number 332 of 1987.
he was first allotted a service quarter.
desai for the respondents.
it appears that the companypany on humanitarian grounds acceded to this request and permitted the petitioner to stay on in the companys flat for six months after his retirement and in accordance with the companypanys rules he was required to pay compensation for the use of the premises.
soli j. sorabjee k.j.
as the respondent shipping companyporation of india a public sector undertakings was in dire need of the flat in question which is situate in a posh locality like the cuffe parade in bombay for the use of its senior executive we companyld number accede to the request of the learned companynsel for the petitioner to refer the case to a bench of three judges and heard learned companynsel for the parties at quit some length on august 271987 and dismissed the special leave petition.
the estate officer by order dated december 2 1985 directed the eviction of the petitioner.
the reasons therefor follow.
john and a.k.
n. ganpule for the petitioner.
after the expiry of the said period of six months the companypany addressed a letter dated april 26 1985 requesting the petitioner to vacate the premises stating that if he failed to do so he would be liable to pay higher companypensation as per the companys rules.
