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1970 Supreme(All) 280

B. D. GUPTA
Mohammad Mustafa – Appellant
Versus
Haji Bande Karim – Respondent


Advocates appeared:
R.N. Upadhaya, For the Appellant / Bashir Ahmad for opposite party, For the Respondent

ORDER

B.D. Gupta, J. - This judgment will govern both the revisions which are before me as connected cases and arise out of two orders passed by the learned Munsif, Shahganj at Jaunpur, on 21-7-1969, in two cases arising out of proceedings under the UP (Temp.) Control of Rent and Eviction Act, 1947, (hereinafter referred to as the Act) between the same parties.

2. Haji Bande Karim, opposite-party in these revisions, made two applications in the court below, one of which was an application u/s 7-E of the Act and the other an application u/s 7-C of the Act. Mohammad Mustafa, the Applicant in these revisions, was the opposite party in both the applications. On the assertion that Haji Bahde Karim was the tenant of Mohammed Mustafa in accommodation consisting of a shop in the Notified Area of Shahganj, it was fayed in the application u/s 7-E of the ct that the landlord Mohammad Musfa be directed to repair the shop and make it wind and water proof, whereas in the application u/s 7-C of the Act it was prayed that as Mohammad Mustafa was refusing to accept rent attempted to be tendered to him, deposit of rent be accepted by the court. Both the applications were contested by Mohammad Mustafa

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