New India Assurance Company Ltd vs Nusli Neville Wadia And Another on 13 December, 2007
14.1 Ld. Counsel for the respondent submitted that the
judgment of New India Insurance Ltd. (supra) relied upon
by the appellant is of no help. Not every case calls for
recording of evidence. In that case, the Hon'ble Supreme
Court has drawn a distinction between different types of
occupants of the public premises and one of them being an
occupant who continues to occupy the premises even after
cessation of contract. Such cases do not call for recording of
any evidence.