Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | TRANSFER OF PROPERTY ACT 1882: Eviction decree by trial court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | TRANSFER OF PROPERTY ACT, 1882: Eviction decree by trial court, upheld by appellate court - Plea of tenant that the suit property was acquired by the Municipal Corporation for the purpose of a primary school and the Land Acquisition Officer had passed an award and, therefore, the landlord was divested of his right, title and interest in the suit property after the land acquisition proceedings and thus suit for eviction of tenant was not maintainable - High Court noted that there was no material to suggest that the Municipal Corporation had taken possession of the suit property from the landlord and on the contrary, the Corporation had sanctioned a development plan submitted by the landlord in respect of the suit property - Held: s. 16 of the Land Acquisition Act, 1894 enables the acquiring authority to take possession of acquired land and when that is taken, it would be free from all encumbrances - In the absence of possession of the suit property being taken by Corporation, the plea by the tenant cannot be accepted that the landlord was divested of his right, title or interest in the suit property - The tenant continued to pay rent to the landlord even though according to the tenant the landlord had no concern with the suit property after the award was passed by the Land Acquisition Officer - The stand of the tenant was, therefore, self-defeating - Tenant was liable to be evicted.UNDERTAKING: Eviction decree - Request by tenant for time to vacate the premises - Granted on condition of filing undertaking - Non-filing of undertaking - Held: Amounts to flagrant disobedience and undermines the authority of the High Court - High Court advised to consider having the tenant first file an undertaking and placed on record before granting any interim order after dismissal of the tenant's petition. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 205 |
Petitioner | Sheela Jawarlal Nagori & Anr. |
Respondent | Kantilal Nathmal Baldota & Ors. |
SCR | [2014] S.C.R. |
Judgement Date | 2014-03-25 |
Case Number | 36518 |
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