Supreme Court of India · 2015-02-17
NATIONAL TEXTILE CORPORATION LTD. vs DURGA TRADING CO. & ORS.
- Citation / case number
- SC 2003/10990
- Court
- Supreme Court of India
- Petitioner
- NATIONAL TEXTILE CORPORATION LTD.
- Respondent
- DURGA TRADING CO. & ORS.
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- 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 they 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 1971 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 setting aside the eviction proceedings initiated by the appellant.