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1951 Supreme(All) 81

SANKAR SARAN, AGARWALA
JAGAN NATH MANCHANDA – Appellant
Versus
THE DISTRICT MAGISTRATE OF ALLAHABAD – Respondent


Advocates Appeared:
S.N.KACKAR

AGARWALA, J.

( 1 ) THIS is an application for issue of a proper writ or other direction directing the opposite parties, namely, the District Magistrate, Allahabad, and the Rent Control and Eviction Officer, allahabad, to dispose of an application dated 5-4 1950 for fixation of rent made by the applicants. The facts narrated in the affidavit and not disputed by the opposite parties may be shortly stated.

( 2 ) THE applicants are refugees and occupy certain quarters constructed by the Improvement Trust at Atala, a locality in Allahabad. The quarters were constructed after 1-7-1946. The improvement Trust had constructed a number of similar quarters which were occupied by refugees. In February 1950, the Improvement Trust filed two suits against two of such refugees for the recovery of rent of the quarters occupied by them alleging that the rent sued for had been agreed upon between the parties. The applicants alleged that these suits were test suits and that no rent had been agreed upon at all between the Improvement Trust and any of the refugees. The applicants, therefore, fearing that Similar suits might be filed against them, made an application to the District Magistrate under Sect









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