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march 1957

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.

SOHAN LAL vs THE UNION OF INDIA · Niyam