Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Public Premises (Eviction of Unauthorised Occupants) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Eviction – Eviction of unauthorised occupants – Respondent-State Housing Board allotted flats to the appellant-University forthe residence of the University’s employees – In terms of allotmentagreement, University was required to pay 10% of the totalconsideration fixed and balance in 180 installments – Universitygot possession of the flats and they allotted few flats to its employees– However, University defaulted in payment of installments andconsequent to which Board raised demand of defaulted sum –University failed to make the payment and consequently, the Boardcancelled the allotment, but decided to allot the flats to some of theoccupants (retired employees) on request made by the University –Thereafter, University realised that there was some foul play insending of letter of request for allotment to the Board and therefore,cancelled the request letter, and warned the concerned employeesto not act upon such request and nor should make any payment tothe Board – Despite this, employees (including retired employees respondentnos. 4 and 5) made payments for the flats allotted tothem and University also made some payments towards the saleconsideration – Whether retired employees-respondent no.4 and 5were in unauthorised occupation of the flats and were liable to paypenal rent to the University for their wrongful use and occupationof flats – Held: The occupants (respondent nos. 4 and 5) had rightto remain in lawful occupation of the flats only so long as they werein the employment of the University, and on payment of the houserent fixed by the University as per their policy – The day their servicescame to an end, their possession in flats became unlawful andunauthorised, and they were under contractual and legal obligationto handover the possession of flats to their employer – Insofar asmoney deposited by the respondent nos.4 and 5 to the Board contraryto the directions issued by the University is concerned, the payment made by the respondent nos.4 and 5 did not create any independentright in their favour and nor such payment even if made by theemployees impaired the rights of the University in any manner inrelation to the allotment of flats qua Board – Furthermore, thecancellation order of the Board was revoked when it accepted thelump sum payments of monthly installments from the University andresultantly, the original allotment stood restored in favour of theUniversity – Thus, respondent nos. 4 and 5 liable to be evicted fromthe flats and also liable to pay penal rent to the University for theiruse and occupation till the date of their eviction – Public Premises(Eviction of Unauthorised Occupants) Act, 1971. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 973 |
Petitioner | The Vice Chancellor, Ranchi University & Ors |
Respondent | Jharkhand State Housing Board & Ors. |
SCR | [2018] 13 S.C.R. 1084 |
Judgement Date | 2018-10-23 |
Case Number | 8113 |
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