Mr. Vijay Raj
04 July 2008 at 13:06
My name is present in the electoral roll of the Shillong Cantonment Board and I applied for inculsion of my name in another ward but it was denied because i had also stated in a affidavit that i had stayed out of the cantonment area, I submitted my nomination paper which was rejected, now i have filed a case that i was not allowed to contest the election inspite of my name being in the electoral roll.
Please if any one could give me details of similar cases so that I may win this suite.
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Disputed property can ppe act 1971 be invoked without determining the actual ownership
Sir / Madam
Kindly give your expert opinion and citations.
The land is situated on the border of the Cantonment and Municipal and both parties are claiming ownership over the land, whereas the occupant has taken on lease from the Municipal the said plot of land, now the Cantonment has invoked the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PPE ACT) and has issue notice to vacate the land.
Is there any judgement by the SC that if the property is in dispute the PPE Act cannot be invoked or that a civil suit lies if the property is disputed.
Another query is that whether a notice is required to file a suit as per section 80 CPC when the notice to vacate the property is given by the same authority.
Thanks in Advance