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1970 Supreme(All) 67

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


Advocates:
Kamta Nath and Smt. R.D. Gupta, for Petitioner; Shambhu Pd., Krishna Murari Srivastava and Standing Counsel, for Opposite Parties.

Judgement

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














































































































































































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