Supreme Court: The pertinent question before the Court in the present case was whether a suit for eviction of tenants after the passage of an award in respect of the tenanted property under the provisions of land Acquisition Act, 1984 is maintainable by a landlord, to which the bench comprising of Ranjana Prakash Desai and Madan B. Lokur, JJ, answered in the affirmative, and pointed out that Section 16 of the Land Acquisition Act, 1984 enables the acquiring authority to take possession of acquired land and when that is taken, it would be free from all encumbrances. Moreover, the Court observed that the recurrence of the situations where in the process of first passing an interim order that grants time to the tenants for vacating the property, and then expecting an undertaking from the tenants, allows them to disobey the Court which undermined the authority of the Court should be avoided.. [Sheela Jawarlal Nagori v. Kantilal Nathmal Baldota, SLP (C) No.36518 of 2013, decided on March 25, 2014] Refer to the link below to read the full judgment, https://scconline.co.in/cases.aspx?q=Special_Leave_Petition_(C)_No._36518_of_2013_and_Special_Leave_Petition_(C)_No._37456_of_2013&db=1
Posted on: Mon, 07 Apr 2014 11:27:00 +0000
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