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may 1962

Supreme Court of India · 1962-05-01

SHRI RAJA DURGA SINGH OF SOLAN vs THOLU

Citation / case number
SC 1960/109
Court
Supreme Court of India
Petitioner
SHRI RAJA DURGA SINGH OF SOLAN
Respondent
THOLU
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court ruled that the Civil Court has jurisdiction to entertain a suit for ejectment of a licensee, even when the defendant claims to be a tenant under Section 77 of the Punjab Tenancy Act, 1887. The Court clarified that Section 77 applies only when the tenant's status is undisputed by the landlord; thus, if the landlord contests this status, the suit can proceed in civil court. The Court upheld the findings of the trial and first appellate courts regarding the respondents' status as non-tenants, emphasizing the importance of revenue records under Section 44 of the Act.

SHRI RAJA DURGA SINGH OF SOLAN vs THOLU · Niyam