MASROOR AHMAD KHAN versus STATE OF UTTARAKHAND & ORS.

MASROOR AHMAD KHAN versus STATE OF UTTARAKHAND & ORS.

The appellant failed to establish any legal basis for his possession of quarter No.6, having neither allotment nor title nor proof of payment, making his possession unauthorized from inception and requiring his eviction and assessment of damages for wrongful use and occupation.

Parties
Appellant: Masroor Ahmad Khan; Respondents: State of Uttarakhand & Ors.
Jurisdiction
India
Judgment Date
03 December 2018
Procedural Posture
Civil Appeal / Supreme Court Disposition of Appeals From Judgment and Order Dated 28.08.2018 in Special Appeal No. 25 of 2015 and 07.09.2018 in MCC No. 1193 of 2018 of the High Court of Uttarakhand at Nainital
Outcome
Appeals dismissed; appellant’s possession held unauthorized; eviction and damages ordered.
Legal Topics
Auction of Municipal Property, Eviction of Unauthorized Occupant, Damages for Wrongful Occupation
Municipal Law Property Law Auction of Municipal Property Eviction of Unauthorized Occupant Damages for Wrongful Occupation

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Parties

Masroor Ahmad Khan

Appellant

State of Uttarakhand & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Disposition of Appeals From Judgment and Order Dated 28.08.2018 in Special Appeal No. 25 of 2015 and 07.09.2018 in MCC No. 1193 of 2018 of the High Court of Uttarakhand at Nainital

Legal Issues

  1. 1 Whether the appellant had any lawful right or title to occupy quarter No.6 of Nagar Palika Parishad, Nainital.
  2. 2 Whether the High Court was justified in dismissing the appellant’s appeals regarding execution of sale deed and eviction.

Ratio Decidendi

The appellant failed to establish any legal basis for his possession of quarter No.6, having neither allotment nor title nor proof of payment, making his possession unauthorized from inception and requiring his eviction and assessment of damages for wrongful use and occupation.

Court Disposition

Appeals dismissed; appellant’s possession held unauthorized; eviction and damages ordered.

Orders

  • Appellant directed to vacate quarter No.6 within three months from order date.
  • Appellant to pay Nagar Palika Rs.3000/- per month as damages for use and occupation of quarter No.6 from June 1990 till vacant possession is delivered.