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PETITIONER: RAMNIKLAL DEVCHAND AND OTHERS

       Vs.

RESPONDENT: BOARD OF TRUSTEES  OF PORT OF MORMUGAO

DATE OF JUDGMENT30/04/1993

BENCH: SAHAI, R.M. (J) BENCH: SAHAI, R.M. (J) VENKATACHALA N. (J)

CITATION:  1994 SCC  Supl.  (1) 506

ACT:

HEADNOTE:

JUDGMENT:                   ORDER Initiation  of  proceedings for eviction of  petitioners  in 1975  filed  in  the  civil  court  have  been  assailed  as provisions  of Public Premises and Eviction Act having  been made applicable to Bombay Port Trust in 1980 the civil court ceased to have jurisdiction.  Learned counsel urged that the bar  under Section 15 of the Act being on  entertaining  any act  or  proceeding  and the word  ’entertain’  having  been interpreted in Hindusthan Commercial Bank Ltd. v. Punnu Sahu (dead)  through legal representatives’ to mean the  date  of hearing the proceedings could not have been continued  after 1980.  The point was not permitted to be raised by the  High Court as this question was not agitated in the trial  court. In  our opinion, the High Court did not commit any error  in taking this view.  We find no merit in this petition and the same is dismissed accordingly. Court Master