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.