Supreme Court of India · 2008-11-25
State Of U.P. & Anr vs Jagdish Saran Agrawal & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 817
- Court
- Supreme Court of India
- Petitioner
- State Of U.P. & Anr
- Respondent
- Jagdish Saran Agrawal & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the decision of the District Judge, affirming that the proceedings initiated by the State of Uttar Pradesh under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1971 were barred by the principle of res judicata, referencing earlier suits including Suit No. 25 of 1960 and Case No. 521 of 1970. The Court found that the State's arguments regarding ownership and management of the disputed Nazul property were insufficient to overcome the res judicata defense. Consequently, the appeal was dismissed, maintaining the lower court's ruling.