In Brief
The appellant claimed to be a non-occupancy tenant of disputed land (5 acres) since 1930. The Union of India initiated eviction proceedings under the Public Premises Act, 1971, treating the appellant as an unauthorized occupant. The High Court upheld the eviction. The Supreme Court reversed the decision, holding that when an earlier suit filed by the Union under Section 180 of the U.P. Tenancy Act was dismissed in default, the appellant automatically became a hereditary tenant. Since a hereditary tenant cannot be an 'unauthorized occupant', the jurisdictional foundation for proceedings under the Public Premises Act was absent. The Court set aside all eviction orders and directed restoration of the appellant's land, arranging alternative land for displaced ex-servicemen.
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