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1966 Supreme(All) 371

LAKSHMI PRASAD, V. BHARGAVA
Dwarka Prasad – Appellant
Versus
Additional Commissioner – Respondent


Advocates appeared:
S.M. Yousuf, Advocate, for the Petitioners; B.K. Dhan and M.L. Trivedi, Advocates, for the Opposite Party Nos. 4 and 5

JUDGMENT

V. Bhargava, C.J. - This petition under Article 226 of the Constitution of India is directed against an order of the Rent Control and Eviction Officer dated the 18th August, 1961 and an order passed by the Additional Commissioner in revision dated the 27th January, 1962 by which the Additional Commissioner dismissed the revision filed by the petitioners and upheld the order of the Rent Control and Eviction Officer dated the 18th August, 1961. The order of the Rent Control and Eviction Officer dated the 18th August, 1961 was passed on an application made by the petitioners for permission to institute a suit for ejectment of opposite parties Nos. 4 and 5 under Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act. The permission was sought on the ground that the petitioners needed the accommodation which was let out to opposite parties 4 and 5 for their own personal use.

2. The Rent Control and Eviction Officer made enquiries and came to the finding that the petitioners were living in such conditions that they genuinely needed residential accommodation for their own occupation and that, therefore, it would be fair that the petitioners should be allowed to occupy the

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