CHANDIGARH ADMINISTRATION AND versus HARI RAM

CHANDIGARH ADMINISTRATION AND versus HARI RAM

Considering the repeated default by the respondent and substantial passage of time, it would be appropriate to fix liability at the market value of the booth as in 2010 and direct payment within six months, failing which the appellant can proceed with eviction in accordance with law.

Parties
Appellant: Chandigarh Administration and Others; Respondent: Hari Ram
Jurisdiction
India
Judgment Date
06 August 2019
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Eviction of Unauthorised Occupants, Lease Cancellation, Payment of Dues, Balance of Interests
Property Law Eviction of Unauthorised Occupants Lease Cancellation Payment of Dues Balance of Interests

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Chandigarh Administration and Others

Appellant

Hari Ram

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent can be allowed to retain the booth despite consistent default in payment of installments and ground rent
  2. 2 Whether the High Court was justified in granting further opportunity to pay outstanding dues
  3. 3 What is the appropriate value for outstanding payment for allotment

Ratio Decidendi

Considering the repeated default by the respondent and substantial passage of time, it would be appropriate to fix liability at the market value of the booth as in 2010 and direct payment within six months, failing which the appellant can proceed with eviction in accordance with law.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • Respondent directed to pay Rs.10,25,950/- (Rs.12,77,950/- less Rs.2,52,000/- already paid) within six months.
  • On such deposit, appellant-Administration to confirm allotment and execute necessary documents in favour of the respondent.