Supreme Court of India · 1977-12-06
CHANDU NAIK & ORS. vs SITA RAM B. NAIK & ANR.
- Citation / case number
- SC 1977/61616
- Court
- Supreme Court of India
- Petitioner
- CHANDU NAIK & ORS.
- Respondent
- SITA RAM B. NAIK & ANR.
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that Section 8 of the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 does not bar proceedings under Section 145 of the Cr. P.C. concerning disputes of possession between private parties. The Court clarified that such proceedings are aimed at preventing breaches of peace rather than eviction by competent authorities. The appeal was allowed, directing the Magistrate to proceed with the case as per the law, as the lower courts erred in applying the jurisdictional bar of Section 8 to the ongoing proceedings.