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1976 Supreme(All) 13

J.M.L.SINHA, K.C.AGRAWAL, M.P.SAXENA
Chandra Kumar Sah – Appellant
Versus
The District Judge – Respondent


Advocates:
S.C. Khare, for Petitioners. S.N. Kacker, Advocate-General, for Respondents.

Judgement

M. P. SAXENA, J.:- The petitioners are the owners of building No. D-39/119 situate in Hauz Katra, Varanasi, and are carrying on sole selling agency business of Cinni Fans, Tullu and Shiva Water pumps in the first, second and third floors of it. The respondent No. 3 are tenants of a shop in the ground floor of the same building. As the petitioners require accommodation on the ground floor for a show-room for their products they requested the respondent No. 3 to vacate the shop but in vain. Therefore, on 7th September, 1971, the petitioners filed an application under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the old Act) for permission to file a suit for ejectment of respondent No. 3. The latter filed objections. During the pendency of the said application the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter callled the new Act) came into force. The petitioners got their application amended order to bring it in conformity with in provisions of the new Act because in view of Section 43 (2) (a) it stood transferred to the prescribed authority and was deemed to be an application u



























































































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