Supreme Court of India · 2011-05-13
Cantonment Borad & Anr vs Church Of North India
- Citation / case number
- AIR 2011 SUPREME COURT 2339
- Court
- Supreme Court of India
- Petitioner
- Cantonment Borad & Anr
- Respondent
- Church Of North India
- Bench
- P. Sathasivam, H.L. Gokhale
Judgment text excerpt
The Supreme Court upheld the application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, affirming that the Estate Officer's jurisdiction under Section 5 of the Act is valid and overrides the Transfer of Property Act, 1882. The Court found that the respondent's failure to vacate the premises after the lease expired and the subsequent eviction order were lawful. The appeal against the Rajasthan High Court's dismissal of the appellants' challenge to the eviction order was dismissed, reinforcing the applicability of the Public Premises Act in this context.