VidhiSangh

Supreme Court of India · 31/08/2017

PARMANAND SINGH (D) THR. LRS. versus UNION OF INDIA AND ANR.

[2017] 14 S.C.R. 582 · 2017 INSC 833

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Summary

The Court held that dismissal for default of the Government’s ejectment suit attracted Section 180(2) of the United Provinces Tenancy Act and conferred hereditary-tenant status on the appellants. The jurisdictional premise of unauthorised occupation for public-premises eviction was therefore absent. It ordered restoration of the specified land within twelve weeks and equivalent land and lease protection for displaced ex-servicemen.

Issues

  1. What effect dismissal for default of the Section 180 suit had on the occupants’ status.
  2. Whether public-premises eviction retained its jurisdictional foundation and what restoration was required.

Provisions considered

Held

Result

Appeal allowed and judgment set aside; land restoration and equivalent replacement land and leases for any displaced ex-servicemen directed within twelve weeks.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 582.