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september 2014

Supreme Court of India · 2014-09-17

National Textile Corporation Ltd vs Durga Trading Co. & Ors

Court
Supreme Court of India
Petitioner
National Textile Corporation Ltd
Respondent
Durga Trading Co. & Ors
Bench
Prafulla C. Pant, Sudhansu Jyoti Mukhopadhaya

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision that the respondent was not an unauthorized occupant under Section 2(g) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, as the respondent had paid full consideration for the property and possessed it since 1975. The Court ruled that the Estate Officer lacked jurisdiction to evict the respondent under Section 5(2) of the Act due to the existence of a serious title dispute, which could not be resolved under the Act. Consequently, the Court affirmed the High Court's order to set aside the eviction proceedings initiated by the appellant Corporation.

National Textile Corporation Ltd vs Durga Trading Co. & Ors · Niyam