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1965 Supreme(All) 422

S. S. DHAVAN
Ishwari Prasad – Appellant
Versus
Hira Devi – Respondent


Advocates appeared:
A.K. Kirty, Advocate, for the Defendant-Appellant; H.N. Seth, Advocate, for the Plaintiff-Respondent

JUDGMENT

S.S. Dhavan, J. - This is a second appeal by the "allottee" of an accommodation from a decree of the First Additional Civil Judge of Agra reversing that of the First Additional Munsif, Agra and issuing an injunction restraining him from taking possession of the accommodation "allotted" to him by the Rent Control and Eviction Officer, Agra (to be called R.C. and E.O.). The accommodation in dispute is a portion of a house in Bara Bhai Gali Belanganj in the city of Agra. In 1961 this house was purchased by Smt. Hira Devi the plaintiff-respondent. At the time of the purchase the house was divided into two separate accommodations, each being occupied by a different tenant. These tenants were persuaded to vacate the house and Smt. Hira Devi gave notice of the vacancy to the R. C. and E. O. The notice contained a prayer under Rule 6 of the U.P. Control of Rent and Eviction Rules for the release of the vacant accommodation in favour of the landlord on the ground that she needed it for her personal use. The date of the notice is 30th March 1961. The R. C. and E. O. did not allot the premises within 30 days of the notice as required under Rule 3. On 27-4-1961 he passed an order rejec

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