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march 1965

Supreme Court of India · 1965-03-12

THE CANTONMENT BOARD, AMBALA vs PYARELAL

Citation / case number
SC 1963/251
Court
Supreme Court of India
Petitioner
THE CANTONMENT BOARD, AMBALA
Respondent
PYARELAL
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court interpreted the Cantonments Act, 1924, specifically sections 256, 257, and 259, to clarify that the Cantonment Board cannot claim rent under the Act or Rules but only under the lease with the tenant. The Court held that section 259(1) does not apply for recovery of rent unless it is expressly claimable under the Act or Rules. The dissenting opinion argued that the High Court erred in setting aside the Magistrate's order, asserting that the Board has the authority to recover rent as per the Act and Rules.

THE CANTONMENT BOARD, AMBALA vs PYARELAL · Niyam