Supreme Court of India · 2002-12-18
Swami Nath Chouhan And Ors vs Union Of India And Ors
- Citation / case number
- AIR 2003 SUPREME COURT 827
- Court
- Supreme Court of India
- Petitioner
- Swami Nath Chouhan And Ors
- Respondent
- Union Of India And Ors
- Bench
- Syed Shah Mohammed Quadri, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the appellants, claiming tenancy over land acquired by the Union of India in 1943, could not invoke protection under Section 5 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, as they were not recognized as tenants but rather as encroachers. The Court emphasized that the original lessors had no title to lease the land after its acquisition, and thus the eviction notice issued under Rule 18 of the Assam Settlement Rules was valid. The appeal against the Division Bench's decision upholding the eviction notice was dismissed, affirming the lower court's findings.