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Supreme Court of India 2022-05-06 allowed

Samarpan Varishtha Jan Parisar & Ors vs Rajendra Prasad Agarwal & Ors

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

An elderly couple sought injunctive relief to prevent their expulsion from an old age home run by a municipal corporation after their membership was cancelled due to alleged misconduct. The Supreme Court held that residents of old age homes are licensees with only permissive possession subject to compliance with institutional rules, creating no legal interest in the property. Upon termination of the license, a licensee becomes a trespasser with no right to seek injunction. The Court allowed the appeal, dismissed the interim injunction, and held that licensees cannot claim a right to continue residence if their conduct disturbs fellow inmates. Directions were issued for arrangement of alternative accommodation and oversight by legal services authorities.

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Property Law License v. Lease Old Age Homes Injunction Tenant Rights Civil Procedure

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