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.