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.