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1963 Supreme(All) 89

R. S. PATHAK, M. C. DESAI, V. G. OAK
CHATUR MOHAN AND ORS. – Appellant
Versus
RAM BEHARI DIXIT – Respondent


Advocates Appeared:
J.Swarup, V.K.Gupta

DESAI, C. J.

( 1 ) THIS case has been referred to a larger Bench by Srivastava and Katju JJ. , on account of a conflict between S G. Banerji v. Ram Kumar Das, Civil Revn. No 992 of 1958 decided by mukherji and Uniyal, JJ. on 6-4-1962 (All) and Daulat Ram v. Tirloki Ram. Second Appeal No. 1889 of 1955 decided by Beg and Srivastava, JJ. , on 18-8-1961 (All) on the question whether a munsif exercising jurisdiction conferred upon him by Section 7-E of the U. P (Temporary)Control of Rent and Eviction Act acts as a Civil court or as a persona designata.

( 2 ) THE Act confers Jurisdiction in respect of several matters upon District Magistrates, i. e. District Magistrates within the meaning of the Cr. P. C. and other officers empowered by them to perform any of their functions under the Act vide Sections 3-A, 7 and 7-A When a landlord or a tenant claims that the annual reasonable rent of any accommodation is inadequate or excessive he can institute a suit for declaration or for fixation of rent "in the court of the Munsif having territorial jurisdiction, if the annual cent claimed or payable is Rs 500/- on less, and in the court of the Civil Judge having territorial jurisdiction if it exce


































































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