Supreme Court of India · 1980-08-22
JAIN INK MANUFACTURING COMPANY vs LIFE INSURANCE CORPORATION OF INDIA & ANR.
- Citation / case number
- SC 1979/62912
- Court
- Supreme Court of India
- Petitioner
- JAIN INK MANUFACTURING COMPANY
- Respondent
- LIFE INSURANCE CORPORATION OF INDIA & ANR.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the appellant was in unauthorized occupation of public premises under Section 2(2)(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as mere possession does not negate unauthorized occupation. The Court clarified that the term 'occupation' implies a continuous process, and the appellant's tenancy was terminated under Section 106 of the Transfer of Property Act. The appeal was dismissed, affirming the Estate Officer's jurisdiction to evict the appellant under the Public Premises Act, which prevails over the Delhi Rent Control Act, 1958.