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august 1980

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.

JAIN INK MANUFACTURING COMPANY vs LIFE INSURANCE CORPORATION OF INDIA & ANR. · Niyam