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1950 Supreme(All) 278

CHANDIRAMANI
HARI CHARAN HALWASIYA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BIJAI SHANKAR

CHANDIRAMANI, J.

( 1 ) THIS is an application in revision against the order of Shri T. Prasad, Additional Sessions judge, Lucknow, dated 22-5-1950.

( 2 ) IT appears that the three applicants, H. C. Halwasiya, D. P. Halwasiya and B. P. Halwasiya, were convicted by the City Magistrate of Lucknow under Section 8, U. P. (Temporary) Rent control and Eviction Act, 1947. It is said that the applicants were tenants of a house in Mohalla narhai, Lucknow, which they had reserved for the purposes of their staff from whom they never charged any rent and whom they allowed to occupy the premises as long as they were in the service of the applicants. It is said that one Mr. Roy used to live in that house in Narhai as employee of the applicants, that when he left, the premises were given to another employee, bhatacharya but without the orders of the Rent Control and Eviction Officer and thereby a breach had been made of the order of the District Magistrate dated 8-3-1949. The defence was that the applicants were not landlords within the meaning of the Rent Control and Eviction Act and in these circumstances there had been no breach of any provisions of the Act or of the order of the District Magis






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