NDLI: Madan Mohan Singh Vs. Ved Prakash Arya

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Eviction of unauthorised occupants
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Eviction of unauthorised occupants – Appellant was allotted a booth – The allotment letter specifically provided that appellant had no right to transfer his rights directly or indirectly and was also restrained from subletting the booth – Appellant entered into a partnership deed dated 18.12.1976 with the respondent for carrying out the business of cycle repairing – However, later partnership was dissolved and respondent became an employee of the appellant in the booth – Dispute arose between the appellant and the respondent – Appellant sought possession of the booth – Respondent took the defence that he was the tenant of the premises which was let out to him in 18.12.1976 – The Chief Administrator in its order dated 04.03.1986 had concluded that the respondent was a servant of the hirer/appellant – Held: The present is not a case where respondent claimed any rent agreement – There was no rent receipt filed by the respondent in support of his claim of tenancy – When there is no evidence of taking premises on rent and it is admitted by respondent that he had not maintained any record of accounts of payment of rent, there is no base for holding that relationship of landlord and tenant is proved – Thus, respondent had failed to prove any documents pertaining to tenancy – One more fact to be noticed is that the defendant claimed his tenancy with effect from 18.12.1976 – On 18.12.1976, admittedly partnership deed was signed both by the plaintiff and defendant which was before the Court – When the parties signed a document and entered into a partnership deed, they cannot wish away the consequences which flow from the signing of deed – The appellant having categorically denied the tenanacy and there being no evidence with regard to the tenancy, there is no doubt in concluding that respondent was not a tenant of the premises – Clause 12 of the Allotment Letter prohibited the hirer from subletting the premises or any part thereof and decision of the Chief Administrator was stated to be final in case of dispute – The finding of the Chief Administrator dated 04.03.1986 cannot be ignored – Therefore, the Estate Officer directed to put the appellant immediately in possession of the premises of Booth.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2021 INSC 155
Petitioner	Madan Mohan Singh
Respondent	Ved Prakash Arya
SCR	[2021] 2 S.C.R. 1060
Judgement Date	2021-03-05
Case Number	814-815

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Madan Mohan Singh Vs. Ved Prakash Arya

Please Log-in to view this content

Hari Singh and Ors. Vs. The Military Estate Officer and Anr.

M/s Band Box Private Limited Vs. Estate Officer, Punjab & Sind Bank and Anr.

Chandigarh Administration and Others Vs. Hari Ram

Ranjeet Singh Vs. Ravi Prakash

The Vice Chancellor, Ranchi University & Ors Vs. Jharkhand State Housing Board & Ors.

Dr. Suhas H. Pophale Vs. Oriental Insurance Co. Ltd. and Its Estate Officer

State of Uttar Pradesh Vs. Rup Lal Sharma and Others

Ashok Kumar Vs. Ved Prakash & Ors.

State of Bihar and Anr. Vs. Madan Mohan Singh and Ors.

Madan Mohan Singh Vs. Ved Prakash Arya

Madan Mohan Singh Vs. Ved Prakash Arya

Please Log-in to view this content

Similar Documents

Hari Singh and Ors. Vs. The Military Estate Officer and Anr.

M/s Band Box Private Limited Vs. Estate Officer, Punjab & Sind Bank and Anr.

Chandigarh Administration and Others Vs. Hari Ram

Ranjeet Singh Vs. Ravi Prakash

The Vice Chancellor, Ranchi University & Ors Vs. Jharkhand State Housing Board & Ors.

Dr. Suhas H. Pophale Vs. Oriental Insurance Co. Ltd. and Its Estate Officer

State of Uttar Pradesh Vs. Rup Lal Sharma and Others

Ashok Kumar Vs. Ved Prakash & Ors.

State of Bihar and Anr. Vs. Madan Mohan Singh and Ors.

Madan Mohan Singh Vs. Ved Prakash Arya