Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1977

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.

CHANDU NAIK & ORS. vs SITA RAM B. NAIK & ANR. · Niyam