Supreme Court of India · 2011-05-13
CANTONMENT BORAD vs CHURCH OF NORTH INDIA
- Citation / case number
- SC 2002/18075
- Court
- Supreme Court of India
- Petitioner
- CANTONMENT BORAD
- Respondent
- CHURCH OF NORTH INDIA
- Author
- P. SATHASIVAM,H.L. GOKHALE, , ,
- 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 had jurisdiction to evict the respondent from the premises after the lease expired on 31.3.1984. The Court clarified that the provisions of the Public Premises Act override those of the Rent Control Act, establishing that a special statute takes precedence over general laws in eviction matters. The Court dismissed the appeal, thereby affirming the High Court's decision to allow the writ petition filed by the respondent.