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1964 Supreme(All) 163

R. S. PATHAK, M. C. DESAI
Girja Debi – Appellant
Versus
Rent Control and Eviction Officer – Respondent


Advocates:
Gauri Shanker Srivastava, for Appellant.

Judgement

DESAI, C.J. : Appellant No. 1 is the landlord of an accommodation and appellant No. 2 is only her representative and has no interest in the accommodation or in the building of which the accommodation is a part. The accommodation is a portion of a building and another portion of it is in the occupation of appellant No. 2. The accommodation fell vacant and appellant No. 1 applied to the District Magistrate that an order be passed permitting her to occupy it herself. The District Magistrate ordered her to let it to another person, respondent No. 3. She went up in revision against the order but the Commissioner refused to interfere. Then she and the other appellant filed the petition for certiorari for the quashing of the order of the District Magistrate on the ground that it was passed in infringement of the provisions of rules 6 and 7 of the U.P. (Temporary) Control of Rent and Eviction Rules. Rule 6 is to the effect that "When the District Magistrate is satisfied that an accommodation .. .. .. .. is bona fide needed by the landlord for his own personal occupation, he may permit him to occupy it himself," and rule 7 is to the effect that, "Where a portion of an accommodation













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