Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Premises interpretation of statute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - ss. 4, 5 and 7 - Proceedings under the Act - Dispute as to who should begin to lead evidence in such proceedings - Held: Procedural aspect as to who should lead evidence first, may have to be determined on basis of issues arising in the matter - When an application for eviction is based on such grounds, which require production of positive evidence on part of the landlord, it would be for it to adduce evidence first; more so in a composite application where evidence is also required to be led on quantum of damages to be determined by the Estate - Officer - Interpretation of Statutes - Purposive construction - Evidence Act, 1872 - s.101 - Constitution of India, 1950 - Art. 12. Appellant-company, a State within the meaning of Article 12 of the Constitution, owns a building in the town of Mumbai. Respondents are the tenants occupying two apartments in the said building. Notices for eviction of the tenants were issued under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971.Dispute arose as to who should begin to lead evidence in proceedings initiated under the Act. On behalf of the appellant it was inter alia contended that having regard to the scheme of the Act and the Rules framed thereunder, the respondent-tenant should be directed to lead evidence and that the Estate Officer having satisfied itself that the respondent-tenant was in unauthorized occupation of the public premises, it was for the tenant to establish that his occupation is authorized. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1293 |
Petitioner | New India Assurance Company Ltd. |
Respondent | Nusli Neville Wadia And Anr. |
SCR | [2007] 13 S.C.R. 598 |
Judgement Date | 2007-12-13 |
Case Number | 5879 |
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