MOHAMMAD ISMAIL versus NANNEY LAL

MOHAMMAD ISMAIL versus NANNEY LAL

A suit for eviction filed after obtaining the Commissioner's permission as required by s. 3 of the U.P. (Temporary) Control of Rent & Eviction Act, 1947, remains maintainable even if the State Government subsequently revokes that permission under s. 7-F; the Act contains no language to invalidate such a suit post...

Source-derived case information.

Parties
Appellant: Mohammad Ismail; Respondent: Nanney Lal
Jurisdiction
India
Judgment Date
07 March 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction of Tenant, Control of Rent, Revisionary Powers Under Statutory Scheme
Land Law Tenancy Eviction of Tenant Control of Rent Revisionary Powers Under Statutory Scheme

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Parties

Mohammad Ismail

Appellant

Nanney Lal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether a suit for eviction instituted after obtaining the Commissioner's permission under s. 3(3) of the U.P. (Temporary) Control of Rent & Eviction Act becomes incompetent if the State Government subsequently revokes the permission under s. 7-F

Ratio Decidendi

A suit for eviction filed after obtaining the Commissioner's permission as required by s. 3 of the U.P. (Temporary) Control of Rent & Eviction Act, 1947, remains maintainable even if the State Government subsequently revokes that permission under s. 7-F; the Act contains no language to invalidate such a suit post institution, and the statutory scheme contemplates finality of the Commissioner's order unless set aside prior to the suit's institution.

Court Disposition

Appeal dismissed

Orders

  • Two months' time granted from today for vacating subject to payment of rent and an undertaking to hand over the property peacefully within that period.