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

february 1997

Supreme Court of India · 1997-02-28

MOHD. NAZIR vs BECHAND PRASAD & ORS.

Citation / case number
SC 1997/62071
Court
Supreme Court of India
Petitioner
MOHD. NAZIR
Respondent
BECHAND PRASAD & ORS.
Author
K.T. THOMAS M.M. PUNCHHI
Bench
K.T. THOMAS M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that under Section 16(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the District Magistrate has the authority to restore possession to an allottee if they have not been able to obtain possession. The Court found that the High Court erred in applying the doctrine of res judicata, as the Civil Court's judgment was not binding on the District Magistrate regarding possession matters. Consequently, the Supreme Court reinstated the order of the District Magistrate, allowing the appellant to regain possession of the property.

MOHD. NAZIR vs BECHAND PRASAD & ORS. · Niyam