Supreme Court of India
Board of Trustees of the Port of Kolkata v. Kalipada Bhakat & Ors.
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What the Court ordered
Accordingly, we allow F the appeal with costs, and set aside the impugned order of the High Court passed on 05.02.2010 in C.O.No.3991 of 2009.
Judgment, page 5
From the headnote
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - s.4 - Land allotted on lease - Termination of the 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 R-1 to maintain the statutory appeal - Held: R-1 being power of attorney holder of R-2, cannot be allowed to maintain the appeal on his own behalf - s. 4(2) is not applicable to such unauthorised occupants, who enter into possession after initiation of eviction proceedings against their predecessor in possession. Allowing
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