Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Public Premises and land (Eviction and Rent Recovery) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Punjab Public Premises and land (Evictior and Rent Recovery) Act, 1973-Sections 2(e), 4, 5 and 15-Succession Act, 1925-Sections 87, 211, 213 and 336-Execution of registered will by testatrix-Property bequeathed to Government hospital and appointment of executors-Mutation in favour of hospital-Application by Hospital for eviction of alleged tenant-unauthorized occupant-Title suit by tenant claiming that testatrix executed lease deed in his favour as such he is tenant and declaration that State Government not owner of the property-Eviction order passed by Competent Authority as lease for 10 years period not renewed after expiry and tenant declared an unauthorized occupant of the premises-Dismissal of appeal against the order-Meanwhile, title suit decreed holding that on the death of testatrix property vested in executors and not State as such eviction proceedings under 1973 Act not maintainable-However, lower Appellate Court dismissed the suit-Writ Petition and Regular Second Appeal-Writ Petition allowed holding that property vested in executors as such eviction proceeding not maintainable, however second appeal dismissed as title suit not maintainable-On appeal Held: The Clause of the Will unequivocally states that testatrix bequeathed her bungalow to the Hospital absolutely and forever, thus Hospital not the beneficiary, but full owner and 'public premises' under section 2(e)-On demise of testatrix, property vested in executors who assented to the legacy in favour of hospital--Hence, eviction proceedings maintainable under 1973 Act and order of High Court not right in this regard-Further on expiry of lease, tenant was in wrongful and illegal occupation of the property as unauthorized occupant' thus, Competent Authority right in passing eviction order under 1973 Act. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2004 INSC 225 |
Petitioner | Commissioner, Jalandhar Division And Ors |
Respondent | Mohan Krishan Abrol A\nd Anr. |
SCR | [2004] 3 S.C.R. 722 |
Judgement Date | 2004-02-04 |
Case Number | 1257 |
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