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february 2015

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.

NATIONAL TEXTILE CORPORATION LTD. vs DURGA TRADING CO. & ORS. · Niyam