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Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): M. B. Shah, D. M. Dharmadhikari , JJ

(A) Railways Act (9 of 1890) , S.138— Procedure for delivery of property detained by railway servant to railway administration - Respondent, a railway employee allotted premises in question as official residence while he was holding post of Chief Public Relations Officer (CPRO) - Provision of S. 138 can be invoked for evicting respondent upon his retirement even though railway administration has no proof that property belonged to it - Since, Respondent estopped from challenging title of railway @page-SC3295administration over premises in question in view of S. 116 of Evidence Act.Cri. R. No. 1722 of 1986, D/- 10-10-2001 (Cal), Reversed. Evidence Act (1 of 1872) , S.116— (Para 13 16 18) (B) Railways Act (9 of 1890) , S.138— Procedure for delivery of property detained by railway servant to railway administration - Respondent ex-employee after his retirement had unauthorisedly retained possession of property belonging to railway administration - S. 138 can be invoked for evicting respondent - But question as to relief of mesne profit cannot be decided in proceedings under S. 138. (Para 17) .....