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.