Ram Gopal vs Ram Kumar - 1961 Supreme(All) 377

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1961 Supreme(All) 377

B. MUKERJI, J. SAHAI
Ram Gopal – Appellant
Versus
Ram Kumar – Respondent

Advocates appeared:
S. N. Kacker, Advocate, For the Appellant / M. N. Shukla and S. C, Advocate, For the Respondent

JUDGMENT

Jagdish Sahai, J. - This special appeal is directed against the judgment and order of our brother Dhawan dated 22nd of September, 1959. The facts giving rise to this case are very short. The respondent No. 1 Sri Ram Kumar is the tenant and the appellant Sri Ram Gopal the landlord of a premises situated in the city of Etawah. Sri Ram Gopal applied under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) for permission to sue the respondent No. 1 for ejectment on the ground that the premises was needed for his own use. The R.C.E.O., who was exercising the powers of the District Magistrate, rejected the application whereupon the dissatisfied landlord went to the Commissioner, Allahabad Division. The Commissioner allowed the Revision and remanded the case for rehearing by the R.C.E.O. The Rent Control and Eviction Officer, after rehearing the case, granted Sri Ram Gopal permission to sue Sri Ram Kumar for ejectment from the premises in dispute. Sri Ram Kumar preferred a Revision to the Commissioner. Allahabad Division, which was allowed and the order granting permission was set aside. Thereafter Sri Ram Gopal filed a revision

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