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1955 Supreme(All) 264

MOOTHAM, AGARWALA
JAGJIT SINGH – Appellant
Versus
DISTRICT MAGISTRATE, KANPUR – Respondent


Advocates Appeared:
S.N.KACKAR, S.S.SHAWAN

MOOTHAM, CJ.

( 1 ) I agree, but as we are differing from Bhargava J. I desire to state briefly my reasons for so doing.

( 2 ) THE two important questions in this case are, firstly, whether the proviso which appears at the foot of Sub-section (1) of Section 7-A is limited in its application to that sub-section, and, secondly, whether the Rent Control and Eviction Officer could by his order dated 22-12-1952, revoke his earlier order of the 6-11-1952.

( 3 ) THE proviso is in these terms:

"provided that no order under this section shall be passed if the District Magistrate is satisfied that there has been undue delay or it is otherwise inexpedient to do so. "

The proviso in terms empowers the District Magistrate to refrain from passing any order which he is empowered to make under Section 7-A if he think it inexpedient to do so, and the only difficulty in giving full effect to the proviso is due to the fact that it has been placed after sub-section (1 ). I do not however think that this is a sufficient reason for restraining the application of the proviso to order which the District Magistrate is empowered to make under that sub-section. It appears to me that the necessity for vesting th































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