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1964 Supreme(All) 170

M. C. DESAI, S. N. DWIVEDI, R. S. PATHAK
Bashi Ram – Appellant
Versus
Mantri Lal – Respondent


Advocates:
S. N. Sahai, for Appellant; Krishna Sahai, for Respondent.

Judgement

DWIVEDI, J. :- Two questions referred to this Bench are :

1. If in a suit instituted by a landlord for ejectment of his tenant with the permission of the District Magistrate obtained under S. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, the State Government on being moved by the tenant to pass an appropriate order under S. 7F on the record of the case granting permission passes an order suspending the operation of the permission, what is its effect on further proceedings in the suit pending in court ?

2. If the above-mentioned suit is decreed in the landlord's favour and the tenant files an appeal and during its pendency the State Government passes an order purporting to be one in exercise of the power conferred by S. 7-F directing that the permission

granted by the District Magistrate would have effect after a certain date, which date is subsequent to the date of the decree under appeal what is its effect on the decree ?

2. I do not propose to answer the first question in this case. The answer to the second question is determinative of the case. There has been little argument at the bar about the power of the State Government to pass an interim order suspend





































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