HIGH COURT OF UTTARAKHAND
BILLOO – Appellant
Versus
NAGAR PALIKA PARISHAD MUSSOORIE DISTRICT DEHRADUN THROUGH ITS EXECUTIVE OFFICER – Respondent
Based on the provided legal document, here are the key points:
| Table of Content |
|---|
| 1. challenge to previous judgments in a second appeal. (Para 1) |
| 2. substantial question of law regarding eviction without due process. (Para 2) |
| 3. factual background of appellant's licensing and eviction issues. (Para 4 , 5 , 6 , 7) |
| 4. respondents' compliance with legal provisions challenged. (Para 8 , 9) |
| 5. court's observations on procedural compliance in the original judgements. (Para 11 , 12 , 13 , 14 , 15) |
| 6. confirmation of necessity for due process before eviction. (Para 16) |
| 7. final decree permitting eviction only with due legal process. (Para 18) |
| 8. conclusion and order with no costs. (Para 19 , 20) |
JUDGMENT :
Sharad Kumar Sharma, J.
1. This is a plaintiff’s Second Appeal, wherein, the plaintiff/ appellant, herein, has challenged the impugned judgements dated 6th December, 2013, as rendered in Civil Appeal No. 49 of 2011, Billoo Vs. Nagar Palika Parishad, Mussoorie and another , which stood dismissed by the judgement of the learned District Judge, and as a consequence thereto, it has resulted into an affirmation of the judgement and decree dated 28th March, 2011, as rendered by the Court of Civil Judge (Senior Division), Dehradun, in Original Suit No. 519 of 2002, Bi
Eviction without adherence to due process and legal requirements, such as prior notice, is arbitrary and illegal, reaffirming licensee rights under statutory provisions.
Licensees have a right to due process before eviction; statutory bodies must adhere to legal protocols, including providing notice prior to eviction actions.
The expiration of a fixed term tenancy and the failure to prove the right of construction led to the defendant's status as a tenant at sufferance, overriding the claimed immunity from eviction under ....
The judgment emphasizes the distinction between lease and license, the interpretation of 'due process of law' in the context of eviction of a licensee, and the importance of a judicial determination ....
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