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1970 Supreme(SC) 84

A.N.GROVER, J.C.SHAH, K.S.HEGDE
Ramji Das – Appellant
Versus
Trilok Chand – Respondent


Judgment

SHAH, J. : - A common question arises in these two appeals, and we will therefore dispose it of by this common judgment.

2. The appellant is the owner of a house at Shamali in District Muzaffarnagar in U.P., and the respondent is the tenant of that house. The appellant applied to the Rent Control and Eviction Officer under S. 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to file a suit for a decree in ejectment against the respondent. By order dated June 4, 1965, that Officer granted the permission holding that the need of the appellant "to occupy the premises was bona fide and genuine". This order was confirmed in a revision application by the Additional Commissioner. The appellant then terminated the tenancy of the respondent in respect of the premises by a notice as required by law and filed two suits in the Court of the Munsif, Kairana, for ejectment and for payment of arrears of rent. The Trial court decreed the suits holding that the permission granted by the Rent Control and Eviction Officer was with "jurisdiction and was not mala fide". The decrees were confirmed in appeal to the District Court at Muzaffarnagar. But second appeals







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