Supreme Court · 2014 INSC 698 · Decided 9 October 2014
Board of Trustees of the Port of Kolkata v. Kalipada Bhakat & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 698 · [2014] 12 S.C.R. 187
- Case number
- CIVIL APPEAL No. 9387/2014
- Decided
- 9 October 2014
- Bench
- S. J. MUKHOPADHAYA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
A B Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - s.4 - Land allotted on lease - Termination of the C tenancy- In eviction proceedings, R-1 appeared as power of attorney ·holder of R-2 (the allottee) - Eviction order - Challenged by R-1 and not R-2 - Locus of the statutory appeal - Held: R-1 being power of attorney holder of R-2, cannot be allowed to maintain the appeal on his own D behalf - s. 4(2) is not applicable to such unauthorised occupants, who enter into possession after initiation of eviction proceedings against their predecessor in
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