Kashi Prasad vs Rex - 1948 Supreme(All) 46

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1948 Supreme(All) 46

Kashi Prasad – Appellant
Versus
Rex – Respondent

ORDER

1. Kashi Prasad Nigam was convicted by the Sub-Divisional Magistrate of Lucknow for two offences under the U.P. Temporary Control of Rent and Eviction Act (III [3] of 1947) and sentenced to a fine of Rs. 25 or in default to undergo rigorous imprisonment for one month under each count. The case has been referred to this Court by the learned Sessions Judge of Lucknow with the recommendation that the applicant's convictions were illegal and might be quashed.

2. The material facts are as follows : Kashi Prasad Nigam is the owner of a house in Lucknow. He let it out to T. P. Nigam. T. P. Nigam informed the Rent Control and Eviction Officer, Lucknow, who exercised the powers of the District Magistrate under Act III [3] of 1947, that he would vacate the house on 30th April 1947. He actually vacated the house on 4th May 1947. Having received this information, the Rent Control and Eviction Officer passed an order on 6th May 1947, asking Kashi. Prasad Nigam to furnish certain particulars with regard to this house. This notice was served upon Kashi Prasad on 23rd May 1947. Kashi Prasad furnished the required particulars and intimated that he had already let out the house to Har Bishun Day

Click Here to Read the rest of this document