Supreme Court · 2004 INSC 252 · Decided 12 April 2004
Union of India and ORS. v. M/S. Banwari Lal and Sons (P) LTD.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 252 · [2004] 3 S.C.R. 1194
- Case number
- CIVIL APPEAL No. 1531/1999
- Decided
- 12 April 2004
- Bench
- V.N. KHARE, S.B. SINHA, S.H. KAPADIA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Land Acquisition Act Section 4
Headnote
Arbitration-Non-residential premises-Assessment of damages for use and occupation-Property requisitioned under Requisitioning and Acquisition C of Immovable Properties Act-After lapse of Act, occupant allowed time by Court to vacate-Assessment of damages referred to arbitrator-Arbitrator treating though not wrongful in the beginning assumes a wrongful character when it is unauthorisedly retained, owner is not entitled to claim mesne profits, but only the fair rent-On facts, occupant allowed to use and occupy the D property under orders of Court possession cannot be said to be
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