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1959 Supreme(All) 45

N.BEG, J.K.TANDON
SHARAFAT ULLAH KHAN – Appellant
Versus
RAJA UDAIRAJ SINGH – Respondent


Advocates Appeared:
B.K.DHAON, Inayatullah, Mohd.Hakimuddin, Mohd.Halimuddin, NIAMATULLAH


J. K. TANDON, J.

( 1 ) THESE are three appeals in which a common question of law as to the effect of the U. P. (Temporary) Control of Rent and Eviction (Amendment) Act, 1954, arises. Appeals Nos. 168 of 51 and 821 of 53 have been referred to a Division Bench by a learned Single Judge of this Court, as an important question of law, about which there was some conflict also was raised. In Special appeal No. 1 of 56 also the same question is involved. All the three appeals have accordingly been heard together. In order to appreciate the points in controversy the following short history of the U. P. Control of Rent and Eviction Act, 1947 may be necessary. This Act was first enacted in 1947 and was by virtue of Sub-section (3) of Section 1 thereof given effect to on and from the 1st day of October, 1946. Section 3 of the Act placed restriction on the right of a landlord to file a suit for eviction of a tenant from any accommodation in these terms: "no suit shall, without the permission of the District Magistrate, be filed in any civil court against a tenant for his eviction from any accommodation, except on one or more of the following grounds : - (a) that the tenant has wilfully failed































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