VidhiSangh

Supreme Court of India · 05/03/2021

MADAN MOHAN SINGH versus VED PRAKASH ARYA

[2021] 2 S.C.R. 1060 · 2021 INSC 155

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Summary

The Supreme Court restored the decree directing delivery of a Chandigarh booth to its allottee. The occupant failed to prove his asserted tenancy; the admitted partnership deed and absence of evidence of rent contradicted it. The Chief Administrator’s determination that he occupied as the allottee’s employee was binding under the allotment terms and could not be ignored. Immediate restoration of possession was directed, leaving damages and mesne profits for appropriate proceedings.

Issues

  1. Whether the occupant established tenancy despite the partnership deed and absence of rent evidence.
  2. What effect the Chief Administrator’s determination had under the allotment conditions.

Held

Result

Appeals allowed with costs; first appellate judgment restored, immediate delivery of possession directed and separate damages proceedings left open.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 1060.