SWAMI NATH CHOUHAN vs UNION OF INDIA

The Supreme Court held that the appellants, claiming tenancy under Section 5 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, could not be evicted without proof of tenancy. The Court found that the appellants were encroachers and had no valid tenancy rights as the original owners had lost title due to prior acquisition by the Union of India in 1943. The Court upheld the Division Bench's decision, affirming the validity of the eviction notice issued under Rule 18 of the Assam Settlement Rules, thus dismissing the appeal.