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november 2008

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.

State Of U.P. & Anr vs Jagdish Saran Agrawal & Ors · Niyam