MUNNI DEVI & ANR. versus GOKAL CHAND & ORS.

MUNNI DEVI & ANR. versus GOKAL CHAND & ORS.

The District Magistrate's determination of vacancy is not conclusive; unless there is a vacancy, jurisdiction for eviction/allotment does not arise. Civil courts can examine existence of vacancy despite Section 16 of the U.P. (Temporary) Control of Rent and Eviction Act.

Parties
Appellant: Munni Devi; Appellant: Kishorilal; Respondent: Gokal Chand
Jurisdiction
India
Judgment Date
12 September 1969
Procedural Posture
Civil Appeal / Final Disposition on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Civil Courts, Jurisdictional Facts, Eviction, U.p. (temporary) Control of Rent and Eviction Act
Rent Control Property Law Jurisdiction of Civil Courts Jurisdictional Facts Eviction U.p. (temporary) Control of Rent and Eviction Act

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Parties

Munni Devi

Appellant

Kishorilal

Appellant

Gokal Chand

Respondent

Procedural Posture

Civil Appeal / Final Disposition on Appeal by Special Leave

Legal Issues

  1. 1 Whether the District Magistrate's determination of vacancy under Section 7 of the U.P. (Temporary) Control of Rent and Eviction Act is conclusive and excludes civil court jurisdiction under Section 16
  2. 2 Whether a civil suit for declaration of tenancy and possession is maintainable where the District Magistrate has declared the premises vacant

Ratio Decidendi

The District Magistrate's determination of vacancy is not conclusive; unless there is a vacancy, jurisdiction for eviction/allotment does not arise. Civil courts can examine existence of vacancy despite Section 16 of the U.P. (Temporary) Control of Rent and Eviction Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs