BABU LAL versus SHEONATH DAS

BABU LAL versus SHEONATH DAS

The District Magistrate can validly pass an allotment order under s. 7(2) when the accommodation is about to fall vacant; the order takes effect immediately. Where the landlord allows the tenant to remain after an allotment order, this constitutes contravention, justifying proceedings under s. 7A.

Parties
Appellant: Babu Lal; Respondent: Sheonath Das; Landlords: Respondents 2 and 3; Respondent: Respondent No. 5, Assistant Rent Control and Eviction Officer, Varanasi
Jurisdiction
India
Judgment Date
13 December 1966
Procedural Posture
Civil Appeal / Final Judgment, Appeal by Special Leave From Allahabad High Court Judgment Dated February 12, 1965 in Second Appeal No. 2862 of 1963
Outcome
appeal dismissed
Legal Topics
Allotment of Accommodation, Powers of Rent Control Authorities, Eviction Processes, Contravention of Allotment Orders
Tenancy Rent Control Allotment of Accommodation Powers of Rent Control Authorities Eviction Processes Contravention of Allotment Orders

Case Brief

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Parties

Babu Lal

Appellant

Sheonath Das

Respondent

Respondents 2 and 3

Landlords

Respondent No. 5, Assistant Rent Control and Eviction Officer, Varanasi

Respondent

Procedural Posture

Civil Appeal / Final Judgment, Appeal by Special Leave From Allahabad High Court Judgment Dated February 12, 1965 in Second Appeal No. 2862 of 1963

Legal Issues

  1. 1 Whether District Magistrate can pass allotment order under s. 7(2) before accommodation is vacant
  2. 2 When does an allotment order under s. 7(2) take effect
  3. 3 Whether proceedings under s. 7A are valid where tenant continues occupation after allotment order

Ratio Decidendi

The District Magistrate can validly pass an allotment order under s. 7(2) when the accommodation is about to fall vacant; the order takes effect immediately. Where the landlord allows the tenant to remain after an allotment order, this constitutes contravention, justifying proceedings under s. 7A.

Court Disposition

appeal dismissed

Orders

  • No order as to costs