Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | United Provinces Tenancy Act.1939-s.180- Case of appellant that his ancestors were zamindars and were in possession |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | United Provinces Tenancy Act.1939-s.180- Case ofappellantthat his ancestors were zamindars and were in possession of the disputed land since 1930:_In 1974. proceedings were initiated against the appellants uls.122-B of the U.P. Zamindari Act on the ground that the said land belonged to the State Government andthe Gaon Sabha and therefore appellants ought to he evicted -Howeve1: thereafter proceedings under U.P. Zamindari Act weredropped and proceedings U/s. I80 of The U.P. Tenancy Act were initiated against the appella1.its During the pendency of the suit u/s .180. a show cause notice was issued by the Defence Estate Officer under the Public Premises Eviction Act u/s.4(1) -_Appellant repliedto the said notice - However. without giving any reason as to whythe reply was not acceptable. an order u/s. 5(1) of the Public Premises Eviction Act was made to evict the appellants from the said premises - Meanwhile. the State Government dismissed the suit u/s.180 in default - Writ petition filed by the appellant was dismissed - Onappeal. held: Once suit u/s. I 80 of the Act is dismissed for non-prosecution. the provisions of s. I80(2) activates. under which. If no suit is brought under the section, which must also he understood as a suit being brought and dismissed in default, the person inpossession shall become a hereditary tenant of such plot - The effectin law. therefore, of the dismissal for default of suit u/s. I80 is thatthe status of appellant is that of a hereditary tenant - This being thecase. the foundational jurisdictional fact of the appellant being anunauthorised occupant in order to attract the provisions of the PublicPremises Act is lacking - Respondents directed to give the possessionhack to appellant - Public Premises (Eviction |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 833 |
Petitioner | Parmanand Singh (d) Thr. Lrs. |
Respondent | Union Of India And Anr. |
SCR | [2017] 14 S.C.R. 582 |
Judgement Date | 2017-08-31 |
Case Number | 7183 |
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