Supreme Court of India · 1957-03-07
SOHAN LAL vs THE UNION OF INDIA
- Citation / case number
- SC 1954/90285
- Court
- Supreme Court of India
- Petitioner
- SOHAN LAL
- Respondent
- THE UNION OF INDIA
- Bench
- BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,IMAM, SYED JAFFER,MENON, P. GOVINDA,KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that the High Court erred in issuing a writ of mandamus under Article 226 of the Constitution, as there were serious disputes regarding the title and possession of the property in question. The Court emphasized that a writ is not appropriate for resolving disputes that require a declaration of title, which should be addressed through a civil suit. Although the eviction of Jagan Nath was illegal due to non-compliance with Section 3 of the Public Premises Eviction Act, the writ could not be issued against Sohan Lal, who entered possession bona fide and without knowledge of the illegal eviction.