Back
IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
H.S.THANGKHIE
Md. Taiyab – Appellant
Versus
Cantonment Board Shillong – Respondent
JUDGMENT AND ORDER (ORAL)
1. These bunch of Second Appeals namely, RSA. No. 1 of 2016, RSA. No. 2 of 2016, RSA. No. 3 of 2016 and RSA. No. 7 of 2016, with similar issues and facts directed against the orders of the lower Appellate Court, whereby the order of the Trial Court was upheld are before this Court are being disposed of by this common judgment and order.
2. On admission of the appeals, this Court by the order dated 06-04-2016, had framed the following 2 substantial questions of law.
(i) Whether the learned subordinate Courts have erred in holding that the plaintiff/appellant is not entitled to seek composition in respect of the building in question under Section 185 of the Cantonments Act, 1924?
(ii) Whether the learned Appellate Court has erred in holding that the suit filed by the plaintiff/appellant was not maintainable for his having not exhausted the remedy provided under Section 274 of the Cantonments Act, 1924?
3. The brief facts are that the appellants lease holders within the Shillong Cantonment had applied for permissions for reconstruction of their dwellings and the same were rejected as they were not in conformity with the bye laws. The appellants who had made unauth
Litigants must exhaust statutory remedies before seeking relief in civil courts; failure to comply results in non-maintainability of suits.
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
The court affirmed that plaintiffs seeking equitable relief must demonstrate 'clean hands'; unauthorized constructions cannot be protected by injunction.
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
