BHAGWAN DAS versus PARAS NATH

BHAGWAN DAS versus PARAS NATH

A decree for eviction obtained in a suit instituted after obtaining necessary permission under s. 3(3) is not rendered unenforceable by subsequent revocation of that permission by the State Government under s. 7(F).

Parties
Appellant: Bhagwan Das; Respondent: Paras Nath
Jurisdiction
India
Judgment Date
27 September 1968
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Eviction, Permission to Institute Suit, Interpretation of Statutes
Tenancy Property Law Eviction Permission to Institute Suit Interpretation of Statutes

Case Brief

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Parties

Bhagwan Das

Appellant

Paras Nath

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether a decree for eviction obtained in a suit instituted after obtaining the permission of the Commissioner under s. 3(3) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 becomes unenforceable if the State Government acting under s. 7(F) of that Act revokes the permission granted by the Commissioner after the decree is passed

Ratio Decidendi

A decree for eviction obtained in a suit instituted after obtaining necessary permission under s. 3(3) is not rendered unenforceable by subsequent revocation of that permission by the State Government under s. 7(F).

Court Disposition

Appeal dismissed

Orders

  • No order as to costs