Statutory Power Of Authority Not Diluted Merely By Mention Of Wrong Provision While Exercising Such Power

Case: Jaferkhan Allarakabhai Radhanpuri VS Dholka Nagar Palika

Coram: Justice AS Supehia

Case No.: C/SCA/3189/2018

Court Observation: The petitioner has no right to keep on occupying the property of the respondent Nagarpalika even after the demise of his father, to whom the property was given on rent for 11 months in the year 1971. The provisions of the Eviction Act has been precisely invoked in the case of the petitioner and hence, no interference by this Court is necessitated. “In absence of such agreement the petitioner cannot step into the shoes of his father and claim to be a legal occupier of the premises.”

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Keywords

Statutory Power Of Authority, Wrong Provision