NDLI: Bengal Chemicals and Pharmaceuticals Limited and Vs. Ajit Nain and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	5(1) reasonable amount as damages 7(2) and (2A) of 1971 act ss. 2(e) Eviction of unauthorized occupants
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Public Premises (Eviction of Unauthorized Occupants) Act, 1971: ss. 2(e), 5(1), 7(2) and (2A) – Eviction of unauthorized occupants – On facts, lease between the parties came to an end on 31.05.2014 by efflux of time – Terms proposed by appellant for renewal of lease not agreeable to respondent No.1 – Respondent No.1 enjoying the property for commercial purpose without payment of rent since 01.06.2014 – Respondent No.1 declared an unauthorized occupant by the Estate officer and order passed u/ss. 5(1), 7(2) and (2A) – Said order quashed by the High Court and the matter remitted to the Estate Officer for consideration afresh – On appeal, held: From 01.06.2014, respondent No.1 has not paid the rent except the amount of Rs.25,00,000/- which he has deposited in compliance with the order of the High Court – In the proceeding before the Estate Officer, respondent No.1 has not put forth his defence; he was only taking adjournments on the ground of pendency of the appeal before the High Court – Sufficient opportunity has to be given to respondent No.1 – Thus, the order of the High Court remitting the matter to the Estate Officer is maintained, however, subject to respondent No.1 paying the reasonable amount as damages by way of interim measure for use and occupation of the premises.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 740
Petitioner	Bengal Chemicals And Pharmaceuticals Limited And
Respondent	Ajit Nain And Another
SCR	[2019] 8 S.C.R. 1207
Judgement Date	2019-07-09
Case Number	5314

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