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1954 Supreme(All) 6

V.BHARGAVA
Jang Bahadur – Appellant
Versus
Dist. Magistrate Banaras – Respondent


Advocates:
S.N. Kacker, for Applicant; Rajeshwari and S.C., for Opposite Party.

ORDER :- On 18-5-1950 a decree for ejectment of one Nand Lal tenant from shop No. CK25/8 mohalla Kaghzi Tola, Banaras was obtained by the landlord Krishna Chaitanya Goswami from the court of the II Additional Civil Judge, Banaras. On that very day the petitioner Jang Bahadur presented an application to the Assistant Rent Control and Eviction Officer for allotment of that shop in his favour. No order of allotment was passed on that application and on the 11th July 1950 the landlord sent an application dated 3rd July 1950 to the Assistant Rent Control and Eviction Officer, Banaras nominating opposite party No. 4 Faujdar Rai, as tenant of the shop under Rule 4 of the Rules framed under S. 17 of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 and requesting the Assistant Rent Control and Eviction Officer to pass an order of allotment in favour of Faujdar Rai.

On the 11th July 1950 the petitioner Jang Bahadur also made another application in the prescribed form requesting that the shop be allotted to him, as it had actually fallen vacant. There were various other persons also who wanted allotment of that shop in their favour. The Assistant Rent Control and Evictio
















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