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october 1978

Supreme Court of India · 1978-10-26

JAI DUTT vs STATE OF U.P. & ORS.

Citation / case number
SC 1969/60063
Court
Supreme Court of India
Petitioner
JAI DUTT
Respondent
STATE OF U.P. & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court dismissed the appeal, affirming that the appellant, who claimed hereditary tenancy under Section 180(2) of the U.P. Tenancy Act, 1939, had no lawful title to the land as he occupied it without consent from the owner. The Court held that the land was public land under the U.P. Land (Eviction and Recovery of Rent and Damages) Act, 1959, and that the obligation to refer the matter to a Civil Judge under Section 7 was not mandatory. Additionally, the appellant's failure to raise certain legal objections in lower courts precluded his claims regarding the notice under Section 3 of the Eviction Act.

JAI DUTT vs STATE OF U.P. & ORS. · Niyam