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1971 Supreme(All) 107

H.N.SETH, W.BROOME, R.S.PATHAK
Baleshwar Dayal – Appellant
Versus
State of U. P. – Respondent


Advocates:
V.B.L. Srivastava, Ambika Pd., M.P. Srivastava, Jagdish Pd. and G.C. Dwivedi, for Appellant; A.D. Prabhakar, for Respondents.

Judgement

H. N. SETH, J. :- A Division Bench of this Court has referred two questions of law for consideration by a Full Bench. Facts leading to the reference are that on 29-1-1965, Ram Kishan and Babu Ram, the two landlords, obtained permission under Section 3 of the U.P. Temporary Control of Rent and Eviction Act (U.P. Act III of 1947), hereinafter referred to as the Act, from the Rent Control and Eviction Officer, Meerut, for filing a suit for ejectment against their tenant Baleshwar Dayal. The tenant went up in revision before the Commissioner, Meerut Division, who by his order dated July 22, 1965 dismissed the revision application and upheld the order of the Rent Control and Eviction Officer. On 3rd August 1965, the tenant filed an application in revision under Section 7-F of the Act, before the State Government. The State Government, by its order dated 6th August, 1965 directed that the operation of the permission granted, under Section 3 of the Act, by the Additional Commissioner, Meerut Division, to Sarvasri Ram Kishan and Babu Ram to file a suit for Baleshwar Dayal's ejectment from the shop in question, be stayed pending consideration of the case by the State Government. Be












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