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.