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PETITIONER: SOHAN LAL
Vs.
RESPONDENT: THE UNION OF INDIA
DATE OF JUDGMENT: 07/03/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1957 AIR 529 1957 SCR 738
ACT: Writ of mandamus-Disputed questions of fact and law-Dispute regarding title-Whether remedy by way of writ appropriate -When writ can issue to private individual-State illegally evicting Person from house-Another Person taking Possession bona fide without knowledge of illegal eviction-Whether writ can issue against such person-Constitution of India, Art. 226.
HEADNOTE: J, a displaced person, was found Prima facie entitled to allotment of a house and the Accommodation Officer moved his family into the house on May 10, 1952, but no letter of allotment was issued to him. Later, when certain facts became known which in the opinion of the Union of India disentitled j to the allotment, he was informed that the house could not be allotted to him. j was evicted from the house on September 27, 1952, without being given 15 days notice as required by S. 3 of the Public Premises Eviction Act (XXVII of 1950). The house was then allotted to S and he was given possession on October 3, 1952. J filed a petition under Art. 226 of the Constitution in the High Court. The High Court ordered the Union of India and...