STATE OF UTTAR PRADESH & ANR. versus ANAND SWARUP

STATE OF UTTAR PRADESH & ANR. versus ANAND SWARUP

The remedy under the U.P. Government Premises (Rent Recovery & Eviction) Act, 1952 for recovery of arrears of rent and damages is available even for occupation of government premises which commenced prior to the Act, but in this case, the premises were not shown to be requisitioned property and thus not government premises under the Act; hence, defendants are not entitled to recover the claimed amount as arrears of land revenue under the Act.

Parties
Appellant: State of Uttar Pradesh; Appellant: District Magistrate, Meerut; Respondent: Anand Swarup
Jurisdiction
India
Judgment Date
06 November 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Allahabad High Court in Second Appeal No. 993 of 1960
Outcome
Appeal dismissed
Legal Topics
Rent Recovery, Eviction, Damages, Unauthorized Occupation, Summary Procedure
Civil Law Rent Recovery Eviction Damages Unauthorized Occupation Summary Procedure

Case Brief

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Parties

State of Uttar Pradesh

Appellant

District Magistrate, Meerut

Appellant

Anand Swarup

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Allahabad High Court in Second Appeal No. 993 of 1960

Legal Issues

  1. 1 Applicability of U.P. Government Premises (Rent Recovery & Eviction) Act, 1952 to cases where letting or occupation commenced before passing of the Act
  2. 2 Whether suit premises were requisitioned and 'government premises' under section 2(c) of the Act

Ratio Decidendi

The remedy under the U.P. Government Premises (Rent Recovery & Eviction) Act, 1952 for recovery of arrears of rent and damages is available even for occupation of government premises which commenced prior to the Act, but in this case, the premises were not shown to be requisitioned property and thus not government premises under the Act; hence, defendants are not entitled to recover the claimed amount as arrears of land revenue under the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed.
  • Parties will bear their own costs in this Court.