Nagar Coop. Housing Society Ltd. & Ors Vs. Union of India & Ors  INSC 400 (17 August 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
JT 1995 (6) 623 1995 SCALE (5)159
O R D
to the directions issued by this Court on July 28, 1995 and the order dated August 11, 1995, affidavit has been filed in which
it has categorically been stated that out of 169 original allottees, 57 are
employees of respondent No. 2 and are described as departmental employees. Out
of 112 other allottees, 9 allottees were given notice under the Public Premises
(Eviction of Unauthorised Occupants) Act, 1971. Remaining 103 persons are the
original allottees who are still in occupation of their respective tenaments
with their families. They neither sold nor transferred their tenaments and they
are continuing to reside in the respective tenaments even till date.
learned senior counsel for the respondents, has stated across the bar that no
action is being taken against any person other than the nine allottees who are
said to have parted with their right to remain in possession of their
respective tenaments. The learned counsel for the appellants contended that
these 9 allottees, though have entered into agreements to sell their
properties, the same is subject matter of the pending suit in the High Court.
Therefore, their possession cannot be disturbed.
the High Court, both the Learned Judge as well as the Division Bench, was not
inclined to grant injunction as sought for, we are not persuaded to take a
different view in that behalf. Injunction being a discretionary order, the High
Court has refused to exercise the discretion in favour of the nine persons.
Under these circumstances, we do not deem it expedient under Article 136 to
upset the order of the High Court.
appeal is accordingly disposed of. No costs.