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1962 Supreme(All) 167

B.MUKERJI, V.G.OAK, J.N.TAKRU
Shyam Sunder Lal – Appellant
Versus
Shagun Chand – Respondent


Advocates:
B.R. Avasthi, for Appellant; M.L. Chaturvedi, for Respondent,

Judgement

MUKERJI, J. :- This is a reference to a Full Bench by a Bench of which one of us was a member on the ground that there was a conflict in this Court between two decisions, one reported in Raja Ram v. Madhu Prasad, 1954 All LJ 195 : (AIR 1954 All 592) and the other in Sharafat Ullah Khan v. Raja Udairaj Singh AIR 1959 All 416. In the latter decision the learned Judges, Beg and Tandon, JJ. doubted the correctness of the decision in 1954 All LJ 195 : (AIR 1954 All 592) on the ground that they were unable to hold that sections 3, 14 and 15 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, had the effect of conferring retrospective operation on an Amending Act. Before we fully comprehend the scope of the controversy it is necessary to know a few facts of the case : this was also necessary because the whole case was referred for decision to the Full Bench.

2. The plaintiff in this case filed a suit for the ejectment of the defendants on the ground that he required the accommodation which was a house, for himself. The defendants, who were father and son, had executed a rent note in plaintiff's favour in respect of the accommodation on the 3rd January, 1941, whereby t





































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