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Subhash Chandra (Dead) v. Gulab Bai

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1696 of 2016)Decided 24 Feb 2016
Civil Appeal No. 1696 of 2016
Chief Justice T.S. Thakur · Justice Kurian Joseph

Background

This is a referral order, not a final judgment. The appeals raise the question whether a retired Municipal Corporation employee can maintain an eviction petition under Section 23-J(ii) of the Madhya Pradesh Accommodation Control Act, 1961. A Full Bench of the Madhya Pradesh High Court had held by 2:1 that such retired employees are not covered.

Decision Breakdown

This is a referral order, not a final judgment. The Court noted the Full Bench decision and conflicting earlier decisions. It found the questions substantial and referred the appeals to a three-judge bench, asking the Chief Justice of India to constitute one. It made no ruling on the question itself.

Lesson Learnt

There is no final ruling yet on whether a retired Municipal Corporation employee can bring an eviction petition under this provision.

Official source (sci.gov.in)View Judgment (PDF)

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