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1951 Supreme(All) 30

BIND BASNI PRASAD, SAPRU
RAM CHANDRA – Appellant
Versus
THE DISTRICT MAGISTRATE OF ALIGARH – Respondent


Advocates Appeared:
G.Mehrotra, G.P.BHARGAVA, Shiocharan Lal

SAPRU, J.

( 1 ) THIS is a plaintiffs first appeal. The case as put forward by the plaintiff was that he and his ancestors had been in possession of the shop in suit for a continuous period of 60 or 70 years, that they bad been carrying on kaserat business in that shop, that defendant 2, who is the rationing Officer of the town of Hathras was somehow improperly prevailed upon the defendant 3 to allot the shop in dispute to him under the United Provinces (Temporary) Accommodation requisition Act (Act XXv [25] of 1947), herein-after called the Act, on a representation to him that the shop was vacant and that no alternative accommodation had been provided to the plaintiff. The plaintiffs case was that it was not competent to the authority concerned to eject him, that he was protected by Act XXV [25] of 1947 and that the ejectment order was likely to affect his business somewhat seriously in his old age. On these allegations, the relief claimed by the plaintiff was that the Court might be pleased to issue a permanent injunction, restraining defendants 1 and 2, from ejecting him from the shop as also restraining defendant 3, from taking possession of it.

( 2 ) THE suit was resisted by de































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