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1950 Supreme(All) 125

BIND BASNI PRASAD
ABHILAKH RAM – Appellant
Versus
B. UMA SHANKER – Respondent


BIND BASNI PRASAD, J.

( 1 ) THE point in issue in this appeal lies in a narrow compass. The respondent is a tenant of a house belonging to the appellant. On 13th July 1946 the appellant brought a suit against the respondent for his ejectment from the house. A consent decree was passed on 14th February 1947, according to which the tenant was allowed a certain time to vacate the house. He did not vacate it. The appellant then filed an application for the execution of the decree. Meanwhile the (U. P. Temporary) Control of Rent and Eviction Act, 1947 (U P. Act III [3] of 1947) was passed. Inter alia the tenant relying upon Section 14 of that Act contended that he was not liable to ejectment. This section runs as follows:

"14. No decree for the eviction of a tenant from any accommodation passed be as long as this Act remains in force, except on any of the grounds mentioned in Section 3. Execution of pend-commencement fore the date of ing decree for evic-tion. of this Act shall in so far as it reates to the eviction of such tenant, be executedagainst him provided that the tenant agrees to pay to the landlord reasonable annual rent" or the rent payable by him before the passing of the decr












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