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1968 Supreme(SC) 319

R.S.BACHAWAT, S.M.SIKRI
Purshottam Das – Appellant
Versus
Raj Mani Devi – Respondent


Advocates:
For the Appellant :Nasir Qadri, Advocate

Judgment

BACHAWAT, J.:- The appellant is the tenant and the respondent is the land lord of House No. 5B. Old 122 Maya Mirganj, Allahabad. The appeal arises out of a suit for ejectment by the landlord against the tenant from the house. On October 11, 1961, the landlord obtained permission to institute the suit from the Rent Control and Eviction Officer under Section 3 (1) of the U. P. (Temp.) Control of Rent and Eviction Act,1947. On October 14,1961 the landlord instituted the present suit for eviction against the tenant. On March 27, 1962 the Commissioner Allahabad Division acting under Section 3 (3) revoked the permission to institute the suit. On March 30, 1963 the State Government acting under Sec. 7F set aside the Commissioner s order and gave leave to the landlord to file the suit with effect from July 30, 1963. On July 11, 1963 the Trial Court decreed the suit. The tenant filed an appeal against the decree. On November 4, 1963 the appellate court set aside the decree and remanded the suit for fresh trial. After the suit went back on remand the Trial Court decreed the suit on March 2, 1964. The Trial Court held that the permission granted by the State Government became effectiv










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