Supreme Court of India · 1986-12-04
MADHUKAR S/O. M. LAPALIKAR vs D.V. HINGWE & ORS.
- Citation / case number
- SC 1981/63650
- Court
- Supreme Court of India
- Petitioner
- MADHUKAR S/O. M. LAPALIKAR
- Respondent
- D.V. HINGWE & ORS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under clause 25 of the Central Provinces and Berar Letting of House and Rent Control Order, 1949, eviction can only be sought if the allotment was made to a person as a tenant, not merely as an evictee who is also a government servant. The Court clarified that an evictee retains their status even after retirement, thus not falling under the purview of clause 25 for eviction. The appeal was allowed, affirming that the appellant, being an evictee, was entitled to retain possession of the premises despite his retirement.