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july 2001

Supreme Court of India · 2001-07-23

KEWAL CHAND MIMANI (DEAD) BY L.RS vs S.K. SEN

Citation / case number
SC 1997/9712
Court
Supreme Court of India
Petitioner
KEWAL CHAND MIMANI (DEAD) BY L.RS
Respondent
S.K. SEN
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 owners or the tenant/lessees from whom possession was taken, 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, affirming the High Court's decision that the tenant/lessee does not have the right to receive back possession after the expiry of the lease without statutory protection.

KEWAL CHAND MIMANI (DEAD) BY L.RS vs S.K. SEN · Niyam