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1963 Supreme(All) 156

R. N. SHARMA, M. C. DESAI
R. K. KHANDELWAL – Appellant
Versus
MOTI LAL CHAWLA – Respondent


Advocates Appeared:
J.H.JHAVERI, R.S.DINKAR, UMESN CHANDRA SRIVASTAVA

DESAI, C. J.

( 1 ) THIS is an appeal from a judgment of our brother Dwivedi quashing by certiorari an order passed by a commissioner under Section 7-A (4) of the U. P. (temporary) Control of Rent and eviction Act on 6-1-1961 and an order passedly a District Magistrate on 25-1-1961 in compliance with it. The facts are as follows. The accommodation in dispute was allotted by the district Magistrate on 10-12-1955 to one B. K. singh, who was an inspector in his own office. The Inspector was subsequently transferred to Sitapur and he managed to get the accommodation allottee on 21-5-1956 jointly in his and respondent no. 1 Moti Lal Chawlas names. Tnere was nothing in common between the Inspector and Moti Lal Chawla and they did not form any partnership or any other association of persons which could be recognised as one juristic entity. It is clear that the Inspector misusing his position as such got the accommodation allotted jointly in his and Moti Lal Chaawlas names. He did not need the accommodation after his transfer to sitapur but wanted to retain some control. The respondent moti Lal Cbawla also did not need any accommoda-tion because admittedly he lives in another mohalla Khyall












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