S.N.KATJU, M.H.HUSSAIN, H.N.SETH, S.D.KHARE, G.C.MATHUR
Ram Murti Saran – Appellant
Versus
State of U. P. – Respondent
S. N. KATJU, J. :- The two questions which has been referred to us for our opinion are as follows :-
1. Whether the State Government acts as a quash-judicial authority when deciding a case relating to the grant of permission under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act for filing a suit in the civil court against a tenant for his eviction from any accommodation? Whether the State Government is bound to give reasons for its orders under Sec. 7-F of the U. P (Temporary) Control of Rent and Eviction Act in proceedings arising out of an application under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act for permission to file a suit in a civil court for the eviction of a tenant from an accommodation?
2. I have had the advantage of perusing the judgments of my brothers Khare and Mathur and I am inclined to agree with my brother Khare. The Majority view of our Full Bench in Haji Manzoor Ahmad v. State of U. P., 1968 All LJ 809 : (AIR 1970 All 467 (FB)) in which it was held that proceedings under Section 7-F of U. P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) are quasi judicial in character, was a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.