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july 2001

Supreme Court of India · 2001-07-23

Kewal Chand Mimani (D) By Lrs vs S.K. Sem And Ors

Citation / case number
AIR 2001 SUPREME COURT 2569
Court
Supreme Court of India
Petitioner
Kewal Chand Mimani (D) By Lrs
Respondent
S.K. Sem And Ors
Bench
Umesh C. Banerjee, Brijesh Kumar

Judgment text excerpt

The Supreme Court held that the State has an obligation to restore possession of requisitioned premises to the original owners or tenants upon termination of requisition proceedings, as per the principles established in MC. Chockalingam & Ors. v. V. Manickavasagam. The Court clarified that juridical possession, while protected by law against wrongful dispossession, does not equate to lawful possession without a legal right to possess the property. The appeal was dismissed as the High Court's ruling that the tenant/lessee was not entitled to reclaim possession was upheld.

Kewal Chand Mimani (D) By Lrs vs S.K. Sem And Ors · Niyam