Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Provinces and Berar Letting of House and Rent Control Order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Central Provinces and Berar Letting of House and Rent Control Order, 1949 (0 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Provinces and Berar Letting of House and Rent Control Order, 1949, clause 25, scope of-Applicability of the summary procedure of eviction-Case of Appellant both an evictee and a Government servant - Burden of ProofThe appellant who was residing at House No. 546 situated at Dhantoli area at Nagpur was evicted from the said premises on the ground of bonafide requirement of its landlord. Therefore he became an "evicted person" within the meaning of section 2(2) of the Central Province and Berar Letting of House and Rent Control Order, 1949. Being a Government employee he applied to the House Allotment Officer that he may be allotted House No. 406/1 under clause 24A of the said Control Order simultaneously indicating that he was an "evicted person" also. The premises came to his occupation on the orders passed by the House Allotment Officer in 1960. The appellant retired from service on 1.5.1978. On 10.9.1979 one Vijay Mude., one of the respondents, moved an application before the House Allotment Officer for vacating the appellant from the premises on the ground that he has retired. The said application under clause 25 of the Rent Control Order was contested by the appellant that it was not applicable as he was an "evicted person" under clause 2(2) of the Control Order. Having lost before all courts, the appellant came by way of special leave. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 256 |
Petitioner | Madhukar S/o M. Lapalikar |
Respondent | D.v. Hingwe & Ors. |
SCR | [1987] 1 S.C.R. 402 |
Judgement Date | 1986-12-04 |
Case Number | 1769 |
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