MADHUKAR S/O M. LAPALIKAR versus D.V. HINGWE & ORS.

MADHUKAR S/O M. LAPALIKAR versus D.V. HINGWE & ORS.

The summary procedure under clause 25 for eviction applies only when allotment is made in the capacity of a government servant. If allotment is made as an evictee, even if the person is also a government servant, retirement does not attract clause 25, and eviction is not warranted under that summary procedure.

Parties
Appellant: Madhukar S/o. M. Lapalikar; Respondents: D.V. Hingwe & Ors.
Jurisdiction
India
Judgment Date
04 December 1986
Procedural Posture
Civil Appeal / Supreme Court Decision on Special Leave Appeal From Bombay High Court
Outcome
Appeal allowed; judgment and order of the High Court set aside.
Legal Topics
Summary Eviction Procedure, Government Servant Allotments, Evicted Person Allotments
Tenancy Law Administrative Law Summary Eviction Procedure Government Servant Allotments Evicted Person Allotments

Case Brief

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Parties

Madhukar S/o. M. Lapalikar

Appellant

D.V. Hingwe & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Special Leave Appeal From Bombay High Court

Legal Issues

  1. 1 Whether summary eviction under clause 25 of the Central Provinces and Berar Letting of House and Rent Control Order, 1949, applies to a government servant who is also an evicted person
  2. 2 Whether retirement from government service triggers eviction under clause 25 when allotment was made as an evictee

Ratio Decidendi

The summary procedure under clause 25 for eviction applies only when allotment is made in the capacity of a government servant. If allotment is made as an evictee, even if the person is also a government servant, retirement does not attract clause 25, and eviction is not warranted under that summary procedure.

Court Disposition

Appeal allowed; judgment and order of the High Court set aside.

Orders

  • Appeal allowed
  • High Court judgment and order set aside